[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73037-73040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33716]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP00-36-000]


Guardian Pipeline, L.L.C.; Notice of Intent to Prepare an 
Environmental Impact Statement for the Proposed Guardian Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings and Site Visit

December 22, 1999.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the construction and 
operation of the facilities proposed in the guardian Pipeline Project 
in various counties of Illinois and Wisconsin.\1\ these facilities 
would consist of about 149 miles of pipeline and 25,080 horsepower (hp) 
of compression. This EIS 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\ Guardian Pipeline, L.L.C.'s application in Docket No. CP00-
36-000 was filed with the Commission under Section 7(c) of the 
Natural Gas Act.
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    If you are a landowner on Guardian's proposed route and receive 
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 Guardian provided to landowners along and adjacent to 
the proposed route. This fact sheet addresses a number of typically 
asked questions, including the use of eminent domain. It is available 
for viewing on the FERC Internet website (www.ferc.fed.us).
    This notice is being sent to landowners of property crossed by and 
adjacent to Guardian's proposed route; landowners of property along a 
major route alternative; Federal, state, and local agencies; elected 
officials;

[[Page 73038]]

environmental and public interest groups; and local libraries and 
newspapers. Additionally, with this notice we are asking those Federal, 
state, local and tribal agencies with jurisdiction and/or special 
expertise with respect to environmental issues to cooperate with us in 
the preparation of the EIS. These agencies may choose to participate 
once they have evaluated the proposal relative to their agencies' 
responsibilities. Agencies who would like to request cooperating agency 
status should follow the instructions for filing comments described 
below.
    To date, the Wisconsin Public Service commission (WIPSC) and the 
Wisconsin Department of Natural Resources have requested and been 
granted cooperating agency status.

Summary of the Proposed Project

    Guardian Pipeline L.L.C. (Guardian) proposes to build new natural 
gas pipeline and compression facilities to transport 750,000 decatherms 
per day (Dth/d) of natural gas from the Chicago Hub near Joliet, 
Illinois to markets in northern Illinois and Wisconsin. Guardian 
requests Commission authorization, to construct, install, own, operate, 
and maintain the following facilities:
     About 140 miles of 36-inch-diameter pipeline in Will, 
Kendall, DeKalb, and McHenry Counties, Illinois and Walworth and 
Jefferson Counties, Wisconsin; extending from Joliet, Illinois to 
Ixonia, Wisconsin (Joliet to Ixonia Pipeline);
     About 8.5 miles of 16-inch-diameter lateral pipeline in 
Walworth and Waukesha Counties, Wisconsin (Eagle Lateral);
     A total of about 0.16 miles of 30-, 24-, and 16-inch-
diameter pipelines in Will County, IL to interconnect the Guardian 
Pipeline with the Northern Border Pipeline Company, Midwestern Gas 
Transmission Company, and Natural Gas Pipeline Company of America;
     Seven meter/regulating stations including four stations in 
Will County, Illinois, and one station in each of Walworth, Waukesh, 
and Jefferson Counties, Wisconsin; and
     One compressor station with 25,080 hp in Will County, 
Illinois;
     Associated pipeline facilities, including two pig 
launchers, and two pig receivers.
    The general location of Guardian's proposed project facilities is 
shown on the map attached 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 on the 
Commission's website at the ``RIMS'' link or from the Commission's 
Public Reference and Files Maintenance Branch, 888 First Street, NE, 
Room 2A, Washington DC 20426, or call (202) 208-1371. For 
instructions on connecting to RIMS refer to the last page of this 
notice. Copies of the appendices were sent to all those receiving 
this notice in the mail.
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Wisconsin Gas Lateral Line

    Wisconsin Gas Company (WGC) proposes to construct about 35 miles of 
30-, 24-, and 16-inch-diameter pipeline (WGC Lateral Line Project) 
extending from northern terminus of the Guardian Pipeline eastward into 
Jefferson, Waukesha, and Washington Counties, Wisconsin. WGC's Lateral 
Line Project will be under the jurisdiction of the WIPSC. Although 
these facilities will not be under the jurisdiction of the FERC, they 
will be analyzed in this EIS. As noted above, the WIPSC is 
participating in the EIS process as a cooperating agency.

Land Requirements for Construction

    Guardian would construct a total of about 149 miles of new pipeline 
of which about 91 miles would be in Illinois and 58 miles would be in 
Wisconsin. Construction of the Guardian Pipeline Project would require 
about 2,580 acres of land including extra workspace and aboveground 
facilities. Of this total, about 1,939 acres would be disturbed by 
construction of the pipeline right-of-way, 596 acres would be disturbed 
by extra workspace and contractor/pipe yards, and 45 acres would be 
disturbed by the aboveground facilities and access roads.
    Guardian proposes to generally use a 70- to 110-foot-wide 
construction right-of-way along the Eagle Lateral. Smaller construction 
right-of-way widths would be used in tight construction areas and in 
wetlands. Following construction and restoration of the right-of-way 
and temporary work spaces, Guardian proposes to retain a 50-foot-wide 
permanent pipeline right-of-way along both the Joliet to Ixonia 
Pipeline and the Eagle Lateral. Total land requirements for the 
permanent right-of-way would be about 900 acres with an additional 24 
acres required for the operation of the new or modified aboveground 
facilities.

The EIS 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. 
We call this ``scoping.'' The main goal of the scoping process is to 
focus the analysis in the EIS on the important environmental issues. By 
this Notice of Intent, the Commission requests public comments on the 
scope of the issues it will address in the EIS. All comments received 
are considered during the preparation of the EIS. 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.
    Our independent analysis of the issues will be in the Draft EIS 
which will be mailed to Federal, state, and local agencies, public 
interest groups, affected landowners and other interested individuals, 
newspapers, libraries, and the Commission's official service list for 
this proceeding. A 45-day comment period will be allotted for review of 
the Draft EIS. We will consider all comments on the Draft EIS and 
revise the document, as necessary, before issuing a Final EIS. The 
Final EIS will include our response to each comment received on the 
Draft EIS and will be used by the Commission in its decision-making 
process to determine whether to approve the project.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. We have already 
identified a number of issues that we think deserve attention based on 
a preliminary review of the proposed facilities and the environmental 
information provided by Guardian. These issues are listed below. This 
is a preliminary list of issues and may be changed based on your 
comments and our analysis.

 Soils
    --Impact on prime farmland soils.
    --Mixing of topsoil and subsoil during construction.
    --Compaction of soil by heavy equipment.
    --Impact on drain tiles and irrigation systems.
    --Erosion control and right-of-way restoration.
 Water Resources
    --Impact on areas with shallow groundwater.
    --Fourteen waterbody crossings 25 feet wide or greater.
    --Crossing of two waterbodies designated as sensitive/unique, three 
waterbodies listed as Illinois Natural Inventory Sites, and one 
waterbody classified as a National Historic Landmark.
    --Effect of crossing waterbodies with contaminated sediments.

[[Page 73039]]

    --Potential for erosion and sediment transport to area waterbodies.
    --Impact on groundwater and surface water supplies.
    --Impact on wetland hydrology.
 Biological Resources
    --Short- and long-term effects of right-of-way clearing and 
maintenance on wetlands, forests, riparian areas, and vegetation 
communities of special concern.
    --Effects of construction on about 31 acres of wetlands and 51 
acres of forest.
    --Impact on wildlife and fishery habitats.
    --Potential impact on federally endangered species such as the 
Indiana bat and on federally threatened species such as the prairie 
bush clover and eastern prairie fringed orchid.
    --Potential impact on state-listed sensitive species.
 Cultural Resources
    --Effect on historic and prehistoric sites.
    --Native American concerns.
 Socioeconomics
    --Effect on the construction workforce on demands for services in 
surrounding areas.
    --Impact on property values.
 Land Use
    --Impact on crop production.
    --Impact on residential areas.
    --Effects of construction on about 35 acres of Conservation Reserve 
Program land.
    --Impact on public lands and special use areas including 
waterbodies, state scenic trails, a state recreation area, county 
parks, city/township private parks and campgrounds, and golf courses.
    --Impact on future land uses and consistency with local land use 
plans and zoning.
    --Visual effect of the aboveground facilities on surrounding areas.
 Air Quality and Noise
    --Construction impact on local air quality and noise environment.
    --Impact on local air quality and noise environment as a result of 
operation of the compressor stations.
 Pipeline Reliability and Safety
 Cumulative Impact
    --Effect of Guardian Project combined with that of other projects 
that have been or may be proposed in the same region and similar time 
frames.
 Nonjurisdictional Facilities
    --Assessment of the effects of the construction of the WGC Lateral 
Line Project.
 Alternatives
    --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.

Public Participation and Scoping Meetings

    You can make a difference by sending a letter addressing your 
specific comments or concerns about the project. By becoming a 
commentor, your concerns will be addressed in the EIS and considered by 
the Commission. You should focus on the potential environmental effects 
of the proposal, alternatives to the proposal (including alternative 
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 Street, 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. CP00-036-000;
     Mail your comments so that they will be received in 
Washington, DC on or before February 4, 2000.
    [If you do not want to send comments at this time but still want to 
remain on our mailing list, you must return the Information Request 
(appendix 3). If you do not send comments or return the Information 
Request, you will be taken off the mailing list.]
    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meetings the FERC will conduct in the 
project area. The locations and times for these meetings are listed 
below. [Note: the meeting in Oconomowoc, Wisconsin on January 25, 2000 
will be a joint scoping meeting with the WIPSC which will be receiving 
public comments on the WGC Lateral Line Project.]

Schedule of Public Scoping Meetings for the Guardian Pipeline Project 
Environmental Impact Statement

Janaury 25, 2000, 7:00 PM
    Oconomowoc, Wisconsin, Olympia Conference Center, 1350 Royale Mile 
Road, (800) 558-9573
January 25, 2000, 7:00 PM
    Delavan, Wisconsin, Lake Lawn Lodge, 2400 East Geneva St., (800) 
338-5253
Janaury 26, 2000, 7:00 PM
    DeKalb, Illinois, Northern Illinois University, Holmes Student 
Center, Normal & Lucinda Roads, (815) 753-1744
January 26, 2000, 7:00 PM
    Joliet, Illinois, Joliet Junior College, 1215 Houbolt Road, (815) 
729-9020.

    The public meetings are designed to provide you with more detailed 
information and another opportunity to offer your comments on the 
proposed project. Guardian representatives will be present at the 
scoping meetings to describe their proposal. Interested groups and 
individuals are encouraged to attend the meetings and to present 
comments on the environmental issues they believe should be addressed 
in the Draft EIS. A transcript of each meeting will be made so that 
your comments will be accurately recorded.

Site Visit

    On the dates of the meetings, we will also be conducting limited 
site visits 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 notice for more details and must provide 
their own transportation.

Becoming an Intervenor

    In addition to involvement in the EIS scoping process, you may want 
to become an official party to the proceeding or become 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). Only intervenors have the 
right to seek rehearing of the Commission's decision.
    The time period for filing of timely motions to intervene in this 
proceeding closes on December 28, 1999. If this date has passed, 
parties seeking to file late interventions must show good cause, as 
required by section 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.

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    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 ``RAMS'' 
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.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-33716 Filed 12-28-99; 8:45 am]
BILLING CODE 6717-01-M