Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned Wisconsin Reliability Project and Notice of Public Scoping Session; ANR Pipeline Company

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July 14, 2022

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Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 87 Issue 134 (Thursday, July 14, 2022)</title>
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[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Notices]
[Pages 42173-42176]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15051]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF22-5-000]

Notice of Scoping Period Requesting Comments on Environmental
Issues for the Planned Wisconsin Reliability Project and Notice of
Public Scoping Session; ANR Pipeline Company

The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Wisconsin Reliability Project
involving construction and operation of facilities by ANR Pipeline
Company (ANR) in Sheboygan, Waupaca, Washington, Marathon, Portage,
Manitowoc, Merrill, Oconto, Outagamie, and Winnebago counties
Wisconsin, and McHenry County, Illinois. 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 p.m. Eastern Time on August 8, 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. 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 April 4, 2022, you will need to file
those comments in Docket No. PF22-5-000 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#85c3e0f7e6caebe9ecebe0d6f0f5f5eaf7f1c5e3e0f7e6abe2eaf3">[email&#160;protected]</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 (PF22-5-
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:

[[Page 42174]]

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

Wednesday, July 27, 2022, 6:00 p.m. CST, Call in number: 800-779-8625,
Participant passcode: 3472916
Thursday, July 28, 2022, 5:00 p.m. CST, Call in number: 800-779-8625,
Participant passcode: 3472916

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. Note that the scoping
sessions will start at the time stated above and will end once all
participants wishing to comment have had the opportunity to do so, or
at 8:00 p.m. CST on July 27, and 7:00 p.m. on July 28, whichever comes
first. Individual oral comments will be taken one at a time with a
court reporter present on the line.
There will be a brief introduction by Commission staff when the
session opens, so please attempt to call in at the beginning of the
session. All participants will be able to hear the comments provided by
other participants; however, all lines will remain closed during the
comments of others and then opened one at a time for providing
comments. Once you call in, the operator will provide directions on how
to indicate you would like to provide a comment. A time limit of three
minutes may be implemented for each commentor.
Your oral comments will be recorded by the court reporter and
become part of the public record for this proceeding. Transcripts of
all comments received during the scoping sessions 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

ANR plans to construct and operate the facilities, detailed below,
in Sheboygan, Waupaca, Oconto, Merrill, Winnebago, Marathon, Portage,
Outagamie, and Manitowoc counties, Wisconsin, and McHenry County,
Illinois. The Wisconsin Reliability Project would provide about 150,000
dekatherms of natural gas per day to the state of Wisconsin. According
to ANR, its project would provide much needed natural gas supply to
meet the increasing market demand of residential, commercial, and
industrial consumers in the State of Wisconsin, while increasing the
reliability and efficiency of ANR's existing system.
The Wisconsin Reliability Project would consist of the following
facilities:
<bullet> Installation of two new 3,750 horsepower (hp) Dual Drive
Technologies, Ltd.TM (dual-drive) \1\ compressor units,
removal of five existing compressor units, and uprate of one existing
unit at the existing Kewaskum Compressor Station in Sheboygan County,
Wisconsin;
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\1\ Dual Drive Technologies, Ltd.TM units are
redundant prime mover systems comprised of a combination electric
motor connected to an engine for powering a gas compressor. These
units can switch between electricity and natural gas in the event of
an abnormal operating event (e.g., power outage) to provide enhanced
system reliability and maintain customer commitments.
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<bullet> Installation of two new 3,750 hp dual-drive compressor
units, removal of one existing compressor unit, and upsizing of station
inlet and discharge piping at the existing Weyauwega Compressor Station
in Waupaca County, Wisconsin;
<bullet> Replacement of approximately 48 miles of existing 14-inch-
diameter and 22-inch-diameter Line 301 and 24-inch-diameter Line 226
with 30 and 36-inch-diameter pipeline in the counties of Washington,
Waupaca, Outagamie, and Winnebago, Wisconsin, as well as McHenry
County, Illinois;
<bullet> Expansion of the existing Lena, Merrill, Oshkosh, South
Wausau, Stevens Point, and Two Rivers meter stations to accommodate
deliveries of incremental capacity in the counties of Oconto, Merrill,
Winnebago, Marathon, Portage, and Manitowoc, Wisconsin; and
<bullet> Other minor appurtenant facilities.
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="70363522333f1e1c191e15230500001f020430161502135e171f06">[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 about 928.9
acres of land for the aboveground facilities upgrades and pipeline
modifications. Following construction, ANR would maintain about 364.8
acres for permanent operation of the project's pipeline facilities,
with the aboveground facilities operational land impacts to be
determined; the remaining acreage would be restored and revert to
former uses. Portions of the planned pipeline route parallels existing
pipeline, utility, or road rights-of-way, or would be installed within
the same footprint of the existing pipe segment to replaced.

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> Socioeconomics and environmental justice;
<bullet> Land use;
<bullet> Air quality and noise; and
<bullet> Reliability and safety.
Community groups, schools, churches, and businesses within these
environmental justice communities, along with known environmental
justice organizations, have been included on the Commission's
environmental mailing list for the project, as further explained in the
Environmental Mailing List section of this notice.
Commission staff have already identified several issues that
deserve attention based on a preliminary review of the planned
facilities, open house comments, and the environmental information
provided by ANR. This preliminary list of issues may change based on
your comments and our analysis:
<bullet> Forested areas;
<bullet> Residential development;
<bullet> Agricultural land;

[[Page 42175]]

<bullet> Parkland; and
<bullet> Springs and wetlands.
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 applicable State Historic Preservation Office(s),
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; 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 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#6522041635170a0f00061124010117001616260d040b020025030017064b020a13">[email&#160;protected]</a> stating your
request. You must include the docket number PF22-5-000 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 ANR 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 (i.e., PF22-5). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at <a href="/cdn-cgi/l/email-protection#b8feddcadbf7d6d4d1d6ddebcdc8c8d7caccf8deddcadb96dfd7ce">[email&#160;protected]</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.

[[Page 42176]]

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: July 8, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-15051 Filed 7-13-22; 8:45 am]
BILLING CODE 6717-01-P

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