Notice2026-09197
WBI Energy Transmission, Inc.; Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned Bakken East Pipeline Project, and Notice of Public Scoping Sessions
Primary source
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Published
May 8, 2026
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 91 Issue 89 (Friday, May 8, 2026)</title>
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[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Notices]
[Pages 25350-25353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09197]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF26-4-000]
WBI Energy Transmission, Inc.; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Planned Bakken East
Pipeline Project, and Notice of Public Scoping Sessions
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental effects of the Bakken East Pipeline Project involving
construction and operation of facilities by WBI Energy Transmission,
Inc. (WBI Energy) in McKenzie, Dunn, Mercer, Oliver, Burleigh, Kidder,
Stutsman, Barnes, and Cass 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
effects 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 Time on June 4, 2026. 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
effects. 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 December 23, 2025, you will need to file
those comments in Docket No. PF26-4-000 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
[[Page 25351]]
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 Natural Gas, Landowner Topics
link.
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#e8ae8d9a8ba7868481868dbb9d9898879a9ca88e8d9a8bc68f879e"><span class="__cf_email__" data-cfemail="dd9bb8afbe92b3b1b4b3b88ea8adadb2afa99dbbb8afbef3bab2ab">[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'';
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (PF26-4-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852; or
(4) In lieu of sending written comments, the Commission invites you
to attend one of the public scoping sessions its staff will conduct in
the project area, scheduled as follows:
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Date and time Location
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May 19, 2026, 5:00-7:00 p.m. Central McKenzie County Ag Expo,
Time (CT). Exhibit Hall 2, 12880 25th
Street NW, Watford City, ND
58854, (701) 842-3976.
May 20, 2026, 5:00-7:00 p.m. CT........ Hazen City Hall, 146 Main
Street East, Hazen, ND 58545,
(701) 748-2550.
May 21, 2026, 5:00-7:00 p.m. CT........ Lady J's Club and Catering, 930
N Griffin St., Bismarck, ND
58501, (701) 221-6836.
June 2, 2026, 5:00-7:00 p.m. CT........ Bunker Hill Venue, 1530 3rd St.
SE, Jamestown, ND 58401, (701)
252-3982.
June 4, 2026, 5:00-7:00 p.m. CT........ @602 Venue, 602 2nd St. N,
Casselton, ND 58012, (701) 347-
1622.
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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. This format is
designed to receive the maximum amount of oral comments in a convenient
way during the timeframe allotted.
Each scoping session is scheduled from 5:00 p.m. to 7:00 p.m. CT.
You may arrive at any time after 5:00 p.m. There will not be a formal
presentation by Commission staff when the session opens. If you wish to
speak, the Commission staff will hand out numbers in the order of your
arrival. Comments will be taken until 7:00 p.m. However, if no
additional numbers have been handed out and all individuals who wish to
provide comments have had an opportunity to do so, staff may conclude
the session at 6:30 p.m. Please see appendix 1 for additional
information on the session format and conduct.\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. For
assistance, contact FERC at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="32747760717d5c5e5b5c57614742425d404672545740511c555d44">[email protected]</a> or call toll
free, (886) 208-3676 or TTY (202) 502-8659.
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Your scoping comments will be recorded by a court reporter (with
FERC staff or representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see the last page of this notice for
instructions on using eLibrary). If a significant number of people are
interested in providing oral comments in the one-on-one settings, a
time limit of 5 minutes may be implemented for each commentor.
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 scoping session. Although there will not be a
formal presentation, Commission staff will be available throughout the
scoping session to answer your questions about the environmental review
process. Representatives from WBI Energy will also be present to answer
project-specific questions.
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.
For public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, contact the Office
of Public
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Participation at (202)502-6595 or <a href="/cdn-cgi/l/email-protection#cc839c9c8caaa9beafe2aba3ba"><span class="__cf_email__" data-cfemail="59160909193f3c2b3a773e362f">[email protected]</span></a>.
Summary of the Planned Project
According to WBI Energy, the Bakken East Pipeline Project would
provide incremental firm natural gas transportation service connecting
North Dakota supply to new power generation, industrial facilities, and
local distribution companies in central and eastern North Dakota. The
project would interconnect with WBI Energy's existing natural gas
pipeline system and other interstate pipelines along the proposed route
to also serve the Midwestern United States.
The Bakken East Pipeline Project would consist of the following
facilities:
<bullet> 353.1 miles of new 42-inch, 36-inch, and 30-inch-diameter
greenfield natural gas pipeline;
<bullet> eight new 30-inch, 24-inch, and 20-inch-diameter
greenfield natural gas pipeline laterals totaling 21.2 miles;
<bullet> additional compression at the existing Spring Creek,
Elkhorn Creek, and Mapleton Compressor Stations;
<bullet> construction of three new compressor stations (Beulah
Compressor Station, Center Compressor Station, and Alliance Compressor
Station);
<bullet> construction of 6 new receipt stations, 10 new delivery
stations, and 8 new interconnect/transfer stations; and
<bullet> twenty-eight new mainline valves.
The general location of the project facilities is shown in appendix
2.
Land Requirements for Construction
Construction of the planned facilities would disturb about 8,500
acres of land for the aboveground facilities and the pipeline.
Following construction, WBI Energy would maintain about 2,700 acres for
permanent operation of the project's facilities; the remaining acreage
would be restored and revert to former uses. Further refinements to the
route proposed by WBI Energy as a result of the pre-filing process will
likely affect the proposed project acreage. WBI Energy states it will
attempt to parallel existing pipeline, utility, or road right-of-way of
the planned pipeline route to the extent practicable.
NEPA Process and the Environmental Document
Any environmental document issued by Commission staff will discuss
affects 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;
<bullet> land use;
<bullet> air quality and noise; 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> crossing lands owned or maintained by federal and state
agencies; and
<bullet> crossing navigable rivers and flood control structures.
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 effects 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 \2\ 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\ 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.\3\ 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. Currently, the Bureau of Land
Management will participate as a cooperating agency in the preparation
of the environmental document to satisfy its NEPA responsibilities
related to this project. Other federal and state agencies are
participating in pre-filing activities and may also act as cooperating
agencies once WBI Energy files it's application.
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\3\ Cooperating agency responsibilities are addressed in Section
107(a)(3) of NEPA (42 U.S. Code 4336(a)(3)).
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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.\4\ 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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\4\ 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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[[Page 25353]]
Environmental Mailing List
The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; 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#b0f7d1c3e0c2dfdad5d3c4f1d4d4c2d5c3c3f3d8d1ded7d5f0d6d5c2d39ed7dfc6"><span class="__cf_email__" data-cfemail="1453756744667b7e71776055707066716767577c757a737154727166773a737b62">[email protected]</span></a> stating your
request. You must include the docket number PF26-4-000 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 3).
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/how-intervene">https://www.ferc.gov/how-intervene</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 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#591f3c2b3a16373530373c0a2c2929362b2d193f3c2b3a773e362f"><span class="__cf_email__" data-cfemail="8ccae9feefc3e2e0e5e2e9dff9fcfce3fef8cceae9feefa2ebe3fa">[email 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.
(Authority: 18 CFR 2.1)
Dated: May 5, 2026.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2026-09197 Filed 5-7-26; 8:45 am]
BILLING CODE 6717-01-P
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