Paiute Pipeline Company; Notice of Intent To Prepare an Environmental Assessment for the Proposed Carson Lateral Project, Request for Comments on Environmental Issues, and Notice of Site Visit

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP99-599-000]

Paiute Pipeline Company; Notice of Intent To Prepare an

Environmental Assessment for the Proposed Carson Lateral Project,

Request for Comments on Environmental Issues, and Notice of Site Visit

September 17, 1999.

The staff of the Federal Energy Regulatory Commission (FERC or

Commission) will prepare an environmental assessment (EA) that will

discuss the environmental impacts of the Carson Lateral Project,

involving the abandonment, construction, and operation of facilities by

Paiute Pipeline Company (Paiute) in Storey, Lyon, and Douglas Counties,

Nevada.\1\ The facilities proposed for construction would consist of a

total of about 9.7 miles of various diameter pipeline. The EA will be

used by the Commission in its decision-making process to determine

whether the project is in the public convenience and necessity.

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\1\ Paiute's application was filed with the Commission on August

11, 1999, under section 7 of the Natural Gas Act and part 157 of the

Commission's regulations.

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If you are a landowner receiving this notice, you may be contacted

by a pipeline company representative about the acquisition of an

easement to construct, operate, and maintain the proposed facilities.

The pipeline company would seek to negotiate a mutually acceptable

agreement. However, if the project is approved by the Commission, that

approval conveys with it the right of eminent domain. Therefore, if

easement negotiations fail to produce an agreement, the pipeline

company could initiate condemnation proceedings in accordance with

state law. A fact sheet addressing a number of typically asked

questions, including the use of eminent domain, is attached to this

notice as appendix 1.\2\

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\2\ The appendices referenced in this notice are not being

printed in the Federal Register. Copies are available from the

Commission's Public Reference and files Maintenance Branch, 888

First Street, NE., Washington, DC 20426, or call (202) 208-1371.

Copies of the appendices were sent to all those receiving this

notice in the mail.

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Summary of the Proposed Project

Paiute wants to increase system reliability by replacing a

deteriorating segment of pipeline along its Carson Lateral, and to

expand the capacity of its facilities by looping \3\ portions of its

Carson Lateral and South Tahoe Lateral. The project would allow Paiute

to transport an additional 10,800 decatherms per day of natural gas to

meet future growth demands of its shippers. Paiute seeks authority to:

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\3\ A loop is a segment of pipeline that is installed adjacent

to an existing pipeline and connected to it on both ends. The loop

allows more gas to be moved through the pipeline system.

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Abandon in place 5.5 miles of existing 10.75-inch-diameter

pipeline between milepost (MP) 31.85 and MP 37.34 on its Carson Lateral

in Lyon County, Nevada;

construct and operate 5.5 miles of 20-inch-diameter

replacement pipeline between MP 31.85 and MP 37.34 on its Carson

Lateral, adjacent to U.S. Highway 50, in Lyon County, Nevada (Highway

50 Replacement);

construct and operate 2.3 miles of 20-inch-diameter loop

between MP 2.95 and MP 5.25 on its Carson Lateral near Fernley, in

Storey and Lyon Counties, Nevada (Fernley Loop); and

construct and operate 1.9 miles of 12.75-inch-diameter

loop between MP 14l28 and MP 16.18 on its South Tahoe Lateral, adjacent

to U.S. Highway 395, in Douglas County, Nevada (Highway 395 Loop).

The locations of these proposed facilities are shown in appendix 2.

Land Requirements for Construction

Construction of the proposed facilities would require about 117.5

acres of land. Following construction, about 61.0 acres would be

retained as permanent right-of-way. The remaining 56.5 acres of

temporary work space would be restored and allowed to revert to its

former use.

The EA Process

The National Environmental Policy Act (NEPA) requires the

Commission to take into account the environmental impacts that could

result from an action whenever it considers the issuance of a

Certificate of Public Convenience and Necessity. NEPA also requires us

\4\ to discover and address concerns the public may have about

proposals. We call this ``scoping.'' The main goal of the scoping

process is to focus the analysis in the EA on the important

environmental issues. By this Notice of Intent (NOI), the Commission

requests public comments on the scope of the issues it will address in

the EA. All comments received are considered during the preparation of

the EA.

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\4\ ``Us,'' ``we,'' and ``our'' refer to the environment staff

of the FERC's Office of Pipeline Regulation.

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State and local government representatives are encouraged to notify

their constituents of this proposed action and encourage them to

comment

[[Page 51538]]

on their areas of concern. Additionally, with this NOI we are asking

Federal agencies with jurisdiction and/or special expertise with

respect to environmental issues to cooperate with us in the preparation

of the EA. These agencies may choose to participate in the NEPA process

once they have evaluated Paiute's proposal relative to their agencies'

responsibilities.

The EA will discuss impacts that could occur as a result of the

abandonment, construction, and operation of the proposed facilities

under these general headings:

Geology and soils

Water resources, fisheries, and wetlands

Vegetation and wildlife

Endangered and threatened species

Land use

Cultural resources

Air quality and noise

Public safety

We will also evaluate possible 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.

Our independent analysis of the issues will be in the EA. Depending

on the comments received during the scoping process, the EA may be

published and mailed to Federal, state, and local agencies, public

interest groups, interested individuals, affected landowners,

newspapers, libraries, and the Commission's official service list for

this proceeding. A comment period will be allotted for review if the EA

is published. We will consider all comments on the EA before we make

our recommendations to the Commission.

To ensure your comments are considered, please carefully follow the

instructions in the public participation section below.

Currently Identified Environmental Issues

We have already identified several issues that we think deserve

attention based on a preliminary review of the proposed facilities and

the environmental information provided by Paiute. This preliminary list

of issues may be changed based on your comments and our analysis.

About 2 miles of land along the Highway 50 Replacement and

Fernley Loop, combined, is administered by the U.S. Department of the

Interior, Bureau of Land Management, most of which is open range.

Nine residences and 11 commercial structure are within 50

feet of the construction right-of-way along the Highway 50 Replacement.

Fourteen wells are within 150 feet of the construction

rights-of-way for the Highway 50 Replacement and Highway 395 Loop,

combined.

There is the potential for shallow groundwater and soil

liquefaction as a result of an earthquake along the Highway 395 Loop.

About 0.9 mile of soils along the Highway 50 Replacement

may contain elevated levels of mercury contamination as a result of

historic mining activities in Sixmile Canyon.

Public Participation

You can make a difference by providing us with your specific

comments or concerns about the project. By becoming a commentor, your

concerns will be addressed in the EA and considered by the Commission.

You should focus on the potential environmental effects of the

proposal, alternatives to the proposal (including alternative locations

or routes), and measures to avoid or lessen environmental impact. The

more specific your comments, the more useful they will be. Please

carefully follow these instructions to ensure that your comments are

received in time and properly recorded:

Send two copies of your letter to: David P. Boergers,

Secretary, Federal Energy Regulatory Commission, 888 First St., NE,

Room 1A, Washington, DC 20426;

Label one copy of the comments for the attention of the

Environmental Review and Compliance Branch, PR-11.1;

Reference Docket No. CP99-599-000; and

Mail your comments so that they will be received in

Washington, DC on or before October 18, 1999.

If you do not want to send comments at this time but still want to

remain on our mailing list, please return the Information Request

(appendix 4). If you do not return the Information Request, you may be

removed from the environmental mailing list.

Notice of Site Visit

On October 21, 1999, we will be conducting a site visit to the

project area. Anyone interested in participating in the site visit may

contact the Commission's Office of External Affairs identified at the

end of this NOI for more details, and must provide their own

transportation.

Becoming an Intervenor

In addition to involvement in the EA scoping process, you may want

to become an official party to the proceeding known as an

``intervenor.'' Intervenors play a more formal role in the process.

Among other things, intervenors have the right to receive copies of

case-related Commission documents and filings by other intervenors.

Likewise, each intervenor must provide 14 copies of its filings to the

Secretary of the Commission and must send a copy of its filings to all

other parties on the Commission's service list for this proceeding. If

you want to become an intervenor you must file a motion to intervene

according to Rule 214 of the Commission's Rules of Practice and

Procedure (18 CFR 385.214) (see appendix 3). Only intervenors have the

right to seek rehearing of the Commission's decision.

The date for filing timely motions to intervene in this proceeding

passed on September 9, 1999. Therefore, parties now seeking to file

late interventions must show good cause, as required by

Sec. 385.214(b)(3), why this time limitation should be waived.

Environmental issues have been viewed as good cause for late

intervention.

You do not need intervenor status to have your environmental

comments considered. Additional information about the proposed project

is available from Mr. Paul McKee of the Commission's Office of External

Affairs at (202) 208-1088 or on the FERC website (www.ferc.fed.us)

using the ``RIMS'' link to information in this docket number. Click on

the ``RIMS'' link, select ``Docket #'' from the RIMS Menu, and follow

the instructions. For assistance with access to RIMS, the RIMS helpline

can be reached at (202) 208-2222.

Similarly, the ``CIPS'' link on the FERC Internet website provides

access to the texts of formal documents issued by the Commission, such

as orders, notices, and rulemakings. From the FERC Internet website,

click on the ``CIPS'' link, select ``Docket #'' from the CIPS menu, and

follow the instructions. For assistance with access to CIPS, the CIPS

helpline can be reached at (202) 208-2474.

David P. Boergers,

Secretary.

[FR Doc. 99-24804 Filed 9-22-99; 8:45 am]

BILLING CODE 6717-01-M