HomeMy WebLinkAbout20041714 UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Cheyenne Plains Gas Pipeline Company, L.L.C. Docket No. CP04-345-000
NOTICE OF INTENT TO PREPARE AN
ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED
CHEYENNE PLAINS 2005 EXPANSION PROJECT AND
REQUEST FOR COMMENTS ON ENVIRONMENTAL ISSUES
June 9, 2004
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 Cheyenne Plains 2005 Expansion Project involving construction and
operation of facilities by Cheyenne Plains Gas Pipeline Company, L.L.C. (CPG) in Weld
County, Colorado.1 These facilities would consist of 10,310 horsepower(hp) of
compression and appurtenant facilities for connection. This EA will be used by the
Commission in its decision-making process to determine whether the project is in the
public convenience and necessity.
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 prepared by the FERC entitled "An Interstate Natural Gas Facility On
My Land? What Do I Need To Know?" was attached to the project notice CPG provided
to landowners. This fact sheet addresses a number of typically asked questions, including
the use of eminent domain and how to participate in the Commission's proceedings. It is
available for viewing on the FERC Internet website (www.ferc.gov).
1CPG's application was filed with the Commission under Section 7 of the Natural
Gas Act and Part 157 of the Commission's regulations.
k/jL/c eZiaL) 2004-1714
Summary of the Proposed Project
CPG proposes to add 10,310 hp of compression at the 20,320-hp Cheyenne Plains
Compressor Station currently under construction to deliver an additional 170,000
decatherms per day (Dth/d) of natural gas (increased from 560,000 Dth/d to 730,000
Dth/d).
The location of the project facilities is shown in appendix 1.2
Land Requirements for Construction
Construction of the proposed facilities would require about 7 acres of land.
Following construction, about 4 acres would be maintained as a new aboveground facility
site on previously disturbed land within the Cheyenne Plains Compressor Station.
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 to discover and address concerns the public may have about proposals. This
process is referred to as "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, the
Commission staff requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the EA. State and
local government representatives are encouraged to notify their constituents of this
proposed action and encourage them to comment on their areas of concern.
2The appendices referenced in this notice are not being printed in the Federal
Register. Copies of all appendices, other than appendix I (maps), are available on the •
Commission's website at the "eLibrary" link or from the Commission's Public Reference
Room, 888 First Street, N.E., Washington, D.C. 20426, or call (202) 502-8371. For
instructions on connecting to eLibrary refer to the last page of this notice. Copies of the
appendices were sent to all those receiving this notice in the mail.
2
In the EA we3 will discuss impacts that could occur as a result of the construction
and operation of the proposed project under these general headings:
• air quality and noise
We will not discuss impacts to the following resource areas since they are not
present in the project area, or would not be affected by the proposed facilities.
• water resources, fisheries, and wetlands
Further, since the addition of compression would be at a station currently under
construction and which has been reviewed and cleared for the following issues, they will
not be discussed:
• geology and soils
• land use
• cultural resources
• vegetation and wildlife
• endangered and threatened species
• hazardous waste
• 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.
3"We", "us", and "our" refer to the environmental staff of the Office of Energy
Projects (OEP).
3
Currently Identified Environmental Issues
We have already identified noise impact as an issue that we think deserves
attention based on a preliminary review of the proposed facilities and the environmental
information provided by CPG. This preliminary issue may be changed based on your
comments and our analysis.
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 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 an original and two copies of your letter to:
Magalie R. Salas, Secretary
Federal Energy Regulatory Commission
888 First St., N.E., Room 1A
Washington, DC 20426
• Label one copy of the comments for the attention of Gas Branch 2.
• Reference Docket No. CP04-345-000.
• Mail your comments so that they will be received in Washington, DC
on or before July 13, 2004.
Please note that we are continuing to experience delays in mail deliveries from the
U.S. Postal Service. As a result, we will include all comments that we receive within a
reasonable time frame in our environmental analysis of this project. However, the
Commission strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on
the Commission's web site at http://www.ferc.gov under the "e-Filing" link and the link to •
the User's Guide. Before you can file comments you will need to create a free account
which can be created on-line.
4
We may mail the EA for comment. If you are interested in receiving it, please
return the Information Request (appendix 3). If you do not return the Information
Request, you will be taken off the mailing list.
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 2).4 Only intervenors have the right to seek rehearing of the
Commission's decision.
Affected landowners and parties with environmental concerns may be granted
intervenor status upon showing good cause by stating that they have a clear and direct
interest in this proceeding which would not be adequately represented by any other
parties. You do not need intervenor status to have your environmental comments
considered.
Environmental Mailing List
An effort is being made to send this notice to all individuals, organizations,
and government entities interested in and/or potentially affected by the proposed
project. This includes all landowners who are potential right-of-way grantors,
whose property may be used temporarily for project purposes, or who own homes
within distances defined in the Commission's regulations of certain aboveground
facilities.
QInterventions may also be filed electronically via the Internet in lieu of paper. See
the previous discussion on filing comments electronically.
5
Additional Information
Additional information about the project is available from the Commission's Office
of External Affairs, at 1-866-208-FERC or on the FERC Internet website •
(www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on "General
Search" and enter the docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For assistance with eLibrary,
the eLibrary helpline can be reached at 1-866-208-3676, TTY (202) 502-8659, or at
FERCOnlineSupport@ferc.gov. The eLibrary link also provides access to the texts of
formal documents issued by the Commission, such as orders, notices, and rulemakings.
In addition, the Commission now offers a free service called eSubscription which
allows you to keep track of all formal issuances and submittals in specific dockets. This
can reduce the amount of time you spend researching proceedings by automatically
providing you with notification of these filings, document summaries and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
Finally, public meetings or site visits will be posted on the Commission's calendar
located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related
information.
Magalie R. Salas
Secretary
6
Appendix 1
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Appendix 1 Cheyenne Plains
Figure 1 of 2 Gas Pipeline Company, LLC
LEGEND Docket No.CP043454000
Cheyenne Plains Pipeline SITE LOCATION MAP
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Cheyenne Plains Colorado Cheyenne Plains
Gas Pipeline Company,LLC
Compressor Station Weld County Docket No. CP04-345-000
Appendix 2
How to Intervene in Commission Proceedings
There are two alternatives Filing for intervenor status is not printed daily in the Federal
available to those wishing to complicated. There is no form to Register.
participate in FERC proceedings complete. Interested parties must The notices are also available
involving the interstate sale and file a motion requesting permission on the FERC website
transportation of natural gas, to intervene. The motion must (www.ferc.gov)using the eLibrary
hydroelectric dams, wholesale identify the case by name and link. eLibrary, the Federal Energy
transactions of electric docket number and must clearly Regulatory Records Information
transmissions, and rates for the state your position and interest in System, is a database containing
interstate transportation of the case. the indexes and images of
petroleum products. documents submitted to and issued
For example, intervenors may by the FERC. Applications and
One approach is simply to file demonstrate they are directly subsequent filings may be viewed
a protest or letter of support with affected consumers, or they are in eLibrary.
the Commission. Such informal elected representatives of affected
comments are made known to the parties, or that they own land near a Each notice includes a
Commission and its staff and are proposed hydroelectric or pipeline deadline for filing requests for
considered by the Commission in site. intervention. If the request to
determining further appropriate intervene is filed on time and there
actions. But,protests and letters of A motion to intervene must be is no opposition to the request
support are filed without becoming served on the applicant and any within 15 days of filing, intervenor
part of the official record if the case other parties on the service list in status is granted automatically.
is set for hearing. The the proceeding. An original and 14
Commission's rules direct copies are required to be filed with Disputed requests for
protesters to provide copies of the Commission. intervenor status must be resolved
their protests to the party or by the Commission.
parties against whom their The Commission's Secretary
complaints are directed. maintains the service list. The Anyone filing a motion to
service list may be accessed on the intervene out-of-time must show
The second approach is to file FERC Internet website good cause why the motion should
as an intervenor. An intervenor is (www.ferc.gov). Service lists can be accepted late.
an official party to a proceeding be found under the "Documents&
and enjoys distinct advantages and Filing" link. If the intervention is filed after
responsibilities over those who the matter has been set for hearing
only file informal comments of Alternatively, if you are and is pending before an
protest or support. Intervenors within the city of Washington, administrative law judge,the
have the right to participate in D.C. requests for service lists may presiding judge has the authority to
hearings before an administrative be directed to the Public Reference rule on contested motions to
law judge as well as other Room, (202) 502-8371. If you are intervene.
proceedings in the case. They may outside the city of Washington,
file briefs. Intervenors will be D.C.requests should be directed to Interventions,protests,or
placed on a service list to receive the Office of the Secretary, (202) comments should be mailed to the
copies of case-related Commission 502-6088. Federal Energy Regulatory
documents as well as filings by Commission, Office of the
other intervenors in the proceeding. Notices of proposed rate Secretary, 888 First St., N.E.,
And they will have the legal changes, applications for hydro Washington, DC 20426. As noted,
standing to be heard by the Court development and proposed natural these filings must cite the case
of Appeals if they choose to pursue gas pipelines, and other filings name and docket numbe
their opposition to the final order submitted to the Commission are
by the Commission in their case.
August 2003
Appendix 3
INFORMATION REQUEST
Docket No. CP04-345-000
Please keep my name on the mailing list for the Cheyenne Plains 2005 Expansion
Project.
Name
Agency
Address
City State Zip Code
FEDERAL ENERGY REGULATORY COMMISSION
ROUTING CODE PJ 1t.z
WASHINGTON, D.C. 20426
OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE.$300
FIRST CLASS
Weld County Centennial Center
P.O. Box 758
Greeley,CO 80632-0758
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