Notice2023-23107
WBI Energy Transmission, Inc.; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed South Spearfish Project
Primary source
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Published
October 19, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
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[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72052-72054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23107]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP23-535-000]
WBI Energy Transmission, Inc.; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed South
Spearfish Project
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document, that will discuss
the environmental impacts of the South Spearfish Project involving
construction, operation, and abandonment of facilities by WBI Energy
Transmission, Inc. (WBI Energy) in Lawrence County, South 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 and
authorization for abandonment of facilities. 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 Time on November 13, 2023. Comments may be
submitted in written 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 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 August 28, 2023, you will need to file
those comments in Docket No. CP23-535-000 to ensure they are considered
as part of this proceeding.
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 proposed
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 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 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.
WBI Energy 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, Landowner Topics link.
[[Page 72053]]
Public Participation
There are three 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#bff9dacddcf0d1d3d6d1daeccacfcfd0cdcbffd9dacddc91d8d0c9"><span class="__cf_email__" data-cfemail="efa98a9d8ca0818386818abc9a9f9f809d9baf898a9d8cc1888099">[email protected]</span></a>.
(1) You can file your comments electronically using the eComment
feature, which is 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 also 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 (CP23-
535-000) 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.
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.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#19564949597f7c6b7a377e766f"><span class="__cf_email__" data-cfemail="337c636373555641501d545c45">[email protected]</span></a>.
Summary of the Proposed Project
The proposed project would allow for incremental firm
transportation capacity from WBI Energy's existing Line Section 15 in
western South Dakota to the community of Spearfish, South Dakota for
Montana-Dakota Utilities, Company. Specifically, WBI Energy proposes
the following in Lawrence County, South Dakota:
<bullet> modify the Deadwood-Central City Lateral Takeoff Valve
Setting adjacent to the Deadwood Mainline Transfer Station on WBI
Energy's Line Section 15;
<bullet> increase the maximum allowable operating pressure of the
8-inch-diameter Deadwood-Central City Lateral from the Deadwood
Mainline Transfer Station to the proposed South Spearfish Station;
<bullet> install two pig launcher/receivers,\1\ one at each end of
the uprated Deadwood-Central City Lateral;
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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. A pig launcher/
receiver are facilities where pigs are inserted/retrieved from the
pipeline.
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<bullet> construct the new South Spearfish Station adjacent to the
existing South Spearfish Lateral Takeoff Valve Setting. The new station
would contain the relocated South Spearfish Town Border Station and the
new Deadwood Lateral Transfer Station;
<bullet> relocate approximately 500 feet of the South Spearfish
Lateral adjacent to the South Spearfish Town Border Station and the
existing South Spearfish Lateral Takeoff Valve Setting; and
<bullet> abandon by sale the existing 5.5-mile-long 4-inch-diameter
South Spearfish Lateral and certain town border station equipment, at
the existing South Spearfish Town Border Station to Montana-Dakota upon
the commissioning of the new South Spearfish Town Border Station.
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. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="6a2c2f382925040603040f391f1a1a05181e2a0c0f1809440d051c">[email 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 Project will affect approximately 8.1 acres of
land, including temporary workspace needed for construction of pipeline
and aboveground facilities, staging area, and access roads. Following
construction, approximately 4.7 acres would revert to pre-construction
conditions and uses. The remaining approximately 3.4 acres, including
the permanent pipeline easement and aboveground facility sites, would
be retained for permanent operation of the Project.
NEPA Process and the Environmental Document
Any environmental document 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> environmental justice;
<bullet> air quality and noise; and
<bullet> reliability and safety.
Commission staff will also evaluate reasonable alternatives to the
proposed 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.
Following this scoping period, Commission staff will 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 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 decision regarding the proposed
project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/Notice of Schedule will be issued, which will open up an
additional comment period. Staff will then 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
[[Page 72054]]
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 of 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, section 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,
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 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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Environmental Mailing List
The environmental mailing list includes: federal, state, and local
government representatives and agencies; elected officials; public
interest groups; Native American Tribes; other interested parties; and
local libraries. 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.
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#094e687a597b66636c6a7d486d6d7b6c7a7a4a6168676e6c496f6c7b6a276e667f"><span class="__cf_email__" data-cfemail="692e081a391b06030c0a1d280d0d1b0c1a1a2a0108070e0c290f0c1b0a470e061f">[email protected]</span></a> stating your
request. You must include the docket number CP23-535-000 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 <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#2b6d4e594864454742454e785e5b5b44595f6b4d4e5948054c445d"><span class="__cf_email__" data-cfemail="a9efccdbcae6c7c5c0c7ccfadcd9d9c6dbdde9cfccdbca87cec6df">[email 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: October 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23107 Filed 10-18-23; 8:45 am]
BILLING CODE 6717-01-P
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