Notice2022-10795
Next Era Energy Resources, LLC, Notice of Availability of a Record of Decision
Primary source
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Published
May 20, 2022
Issuing agencies
Agriculture DepartmentRural Utilities Service
Abstract
Notice is hereby given that the Rural Utilities Service (RUS), an agency within the Department of Agriculture (USDA), has issued a Record of Decision (ROD) to meet its responsibilities in accordance with the National Environmental Policy Act of 1969 (NEPA), Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA, RUS Environmental Policies and Procedure, and other applicable environmental requirements related to providing financial assistance for Next Era Energy Resources, LLC's (NEER or the Applicant) proposed Skeleton Creek Solar and Battery Storage Project (Project) in Oklahoma. The Administrator of RUS has signed the ROD, which was effective upon signing. This ROD concludes RUS environmental review process in accordance with NEPA and RUS, Environmental Policies and Procedures. The ultimate decision as to loan approval depends on the conclusion of the environmental review process plus financial and engineering analyses. Issuance of the ROD will allow these reviews to proceed. The ROD is not a decision on the NEER's loan application and is not an approval of the expenditure of federal funds.
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30867-30868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10795]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket #RUS-22-Electric-0014]
Next Era Energy Resources, LLC, Notice of Availability of a
Record of Decision
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice of availability of a record of decision.
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SUMMARY: Notice is hereby given that the Rural Utilities Service (RUS),
an agency within the Department of Agriculture (USDA), has issued a
Record of Decision (ROD) to meet its responsibilities in accordance
with the National Environmental Policy Act of 1969 (NEPA), Council on
Environmental Quality (CEQ) regulations for implementing the procedural
provisions of NEPA, RUS Environmental Policies and Procedure, and other
applicable environmental requirements related to providing financial
assistance for Next Era Energy Resources, LLC's (NEER or the Applicant)
proposed Skeleton Creek Solar and Battery Storage Project (Project) in
Oklahoma. The Administrator of RUS has signed the ROD, which was
effective upon signing. This ROD concludes RUS environmental review
process in accordance with NEPA and RUS, Environmental Policies and
Procedures. The ultimate decision as to loan approval depends on the
conclusion of the environmental review process plus financial and
engineering analyses. Issuance of the ROD will allow these reviews to
proceed. The ROD is not a decision on the NEER's loan application and
is not an approval of the expenditure of federal funds.
DATES: The Administrator of the Rural Utilities Service signed the
Record of Decision on May 16, 2022.
ADDRESSES: For further information, or to request copies of the ROD,
contact Kristen Bastis, Archeologist,
<a href="/cdn-cgi/l/email-protection#44172f212821302b2a073621212f172b282536143126282d27072b2929212a303704313720256a232b32"><span class="__cf_email__" data-cfemail="9fccf4faf3faebf0f1dcedfafaf4ccf0f3feedcfeafdf3f6fcdcf0f2f2faf1ebecdfeaecfbfeb1f8f0e9">[email protected]</span></a>. The ROD is also available at
RUS website at <a href="https://www.rd.usda.gov/environmentalstudy/skeleton-creek-solar-and-battery-storage-project-garfield-county-oklahoma">https://www.rd.usda.gov/environmentalstudy/skeleton-creek-solar-and-battery-storage-project-garfield-county-oklahoma</a>.
FOR FURTHER INFORMATION CONTACT: For further information, or to request
copies of the ROD, contact Kristen Bastis, Archeologist, USDA, Rural
Utilities Service, 1400 Independence Ave. SW, Mail Stop 1570,
Washington, DC 20250, by phone at 202-692-4910, or email at
<a href="/cdn-cgi/l/email-protection#efbc848a838a9b8081ac9d8a8a84bc80838e9dbf9a8d83868cac8082828a819b9caf9a9c8b8ec1888099"><span class="__cf_email__" data-cfemail="16457d737a73627978556473737d45797a77644663747a7f7555797b7b73786265566365727738717960">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Applicant is a utility company with more
than 180 MW of battery energy storage systems in operation across the
United States and Canada. Since the Applicant entered into a Power
Purchase Agreement (PPA) with Western Farmers Electric Cooperative
(WFEC) for a 250-megawatt (MW) solar array and a 200-MW battery storage
system, the Project's purpose and need is focused on meeting the PPA.
The Project would allow the Applicant to provide the additional solar
and battery generation capacity needed by WFEC to achieve this goal
within the service territories of their member cooperatives.
Specifically, the Project would provide a source of non-dispatchable
power via solar panels that increase capacity during moderate to high
power requirement periods, whereas battery storage would provide a
source of dispatchable power that increases the reliability of
generated power to the grid. The pairing of battery storage with solar
panels would further allow WFEC to meet peak demand needs without
adding additional fossil fuel consumption to the system and provide
safe, adequate, reliable power at the lowest reasonable cost. In
addition, the Project would help WFEC and the Southwest Power Pool to
continue to comply with Oklahoma legislative declarations to facilitate
the delivery of renewable energy.
The Project consists of a 250-MW solar array, and a 200-MW/800-MWh
storage facility in Garfield County, Oklahoma. The Project consists of
four major components: Photovoltaic solar arrays, energy storage
facilities, linear facilities, and transmission interconnection
facilities (Proposed Action). The energy storage facilities consist of
batteries, solar trackers, and solar power inverters. Linear facilities
include a network of internal access roads, communication cables or
lines, and a distribution power network for construction and operations
control systems. The transmission interconnection facilities include a
substation/switchyard that interconnects to the existing Oklahoma Gas
and Electric Company (OG&E) 345-kV Woodring Substation via a gen-tie
line. These components are explained in detail in the Final
Environmental Impact Statement (FEIS).
RUS is authorized under the Rural Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.) to make loans and loan guarantees to
finance the construction of electric distribution, transmission, and
generation facilities, including system improvements and replacements
required to furnish and improve electric service in rural areas, as
well as demand-side management, electricity conservation programs, and
on- and off-grid renewable electricity systems. NEER intends to request
financial assistance from RUS for the Project. Along with other
technical and financial considerations, completing the environmental
review process is one of RUS's requirements in processing NEER's
application.
RUS is serving as the lead Federal agency, as defined at 40 CFR
1501.7, for preparation of the FEIS. Cooperating agencies for this
Project include the United States Army Corps of Engineers (USACE), the
Bureau of Land Management (BLM), and the Bureau of Indian Affairs
(BIA). The United States Fish and Wildlife Service (USFWS) is a
participating agency for this Project. The USACE will review the
Applicant's permit application, as required by Section 404 under the
Clean Water Act. The USFWS will determine the likelihood of Project
effects on listed species, as required under Section 7 of the
Endangered Species Act.
RUS prepared a Final Environmental Impact Statement (FEIS) and
published a notice of availability in the Federal Register on April 7,
2022, 87 FR 20387, to analyze the impacts of its respective Federal
actions and the proposed Project in accordance with NEPA, the CEQ's
Regulations for Implementing the Procedural Provisions of NEPA (40 CFR
parts 1500-1508), and RUS Environmental Policies and Procedures (7 CFR
part 1970).
RUS determined that its action regarding the proposed Project is an
undertaking subject to review under Section 106 of the National
Historic Preservation Act and its implementing regulation, ``Protection
of Historic
[[Page 30868]]
Properties'' (36 CFR part 800) and as part of its broad environmental
review process, RUS must take into account the effect of the Project on
historic properties. The National Historic Preservation Act (NHPA),
Section 106 review is integrated with the NEPA review of cultural and
historic resources in the FEIS in accordance with the guiding
regulations of each law (40 CFR 1500-1508; 36 CFR 800.8). Thirty-nine
tribes were invited to participate in the NHPA, Section 106 review
process, attend the public scoping and Draft EIS meetings, and provide
relevant information for inclusion in the EIS. Cultural and historic
resources surveys within the area of potential effect identified one
newly recorded historical archaeological site and 20 aboveground
historical resources.
The structure associated with the archaeological site is no longer
extant and extensive disturbances from agricultural practices have
impacted the vertical and horizontal integrity of the site. The site
had no discernable features or diagnostic material that contribute to
the research potential of the site. Therefore, RUS determined that the
archaeological site is not eligible for the National Register of
Historic Places (NRHP). Based on the photographic documentation and
available research, one aboveground historic resource is eligible for
the NRHP under Criterion C. However, due to the location of aboveground
historic resource relative to the Project location (roughly 1 mile
east), and the proposed maximum Project height, the Project will not be
visible, and RUS determined that the Project would have no adverse
effect. The potential still exists that post-review discoveries of
archaeological resources could be identified during Project
construction, and these would be addressed by RUS in accordance with
the NHPA Section 106 regulations for post-review discoveries (36 CFR
800.13).
All substantive public comments associated with the FEIS have been
taken into consideration and addressed in the ROD. Based on
consideration of the environmental impacts of the Project and comments
received throughout the agency and public review process, RUS has
determined that the Proposed Action as described above best meets the
purpose and need for the Project. RUS finds that the evaluation of
reasonable alternatives is consistent with NEPA and RUS Environmental
Policies and Procedures. Details regarding RUS regulatory decision and
compliance with applicable regulations are included in the ROD.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022-10795 Filed 5-19-22; 8:45 am]
BILLING CODE 3410-15-P
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