80 FR 40058 - Millennium Pipeline Company, LLC; Notice of Intent To Prepare an Environmental Assessment for the Planned Valley Lateral Project, and Request for Comments on Environmental Issues

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range		40058-40060
FR Document		2015-16998
Federal Register, Volume 80 Issue 133 (Monday, July 13, 2015)
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40058-40060]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16998]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-23-000]


Millennium Pipeline Company, LLC; Notice of Intent To Prepare an 
Environmental Assessment for the Planned Valley Lateral Project, and 
Request for Comments on Environmental Issues

    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 Valley Lateral Project 
involving construction and operation of facilities by Millennium 
Pipeline Company, LLC (Millennium) in Orange County, New York. The 
Commission will use this EA 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 on the project. You can make a difference by providing us with 
your specific comments or concerns about the project. 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 EA. To ensure that your comments are timely and 
properly recorded, please send your comments so that the Commission 
receives them in Washington, DC on or before August 5, 2015.
    If you sent comments on this project to the Commission before the 
opening of this docket on April 30, 2015, you will need to file those 
comments in Docket No. PF15-23-000 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 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 agreement. However, if 
the Commission approves the project, 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 where compensation would be determined 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?'' is available for 
viewing on the FERC Web site (www.ferc.gov). 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.

Public Participation

    For your convenience, there are three methods you can use to submit 
your comments to the Commission. The Commission encourages electronic 
filing of comments and has expert staff available to assist you at 
(202) 502-8258 or [email protected]. Please carefully follow these 
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. This 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 on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. 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.'' If you are filing a comment on a particular project, 
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address. Be sure to reference the project docket number 
(PF15-23-000) with your submission: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, 
Washington, DC 20426.

Summary of the Planned Project

    Millennium plans to construct and operate approximately 7.8 miles 
of new pipeline lateral in Orange County, New York. The planned 
pipeline lateral would provide about 130 million cubic feet per day of 
natural gas per day to the Competitive Power Ventures (CPV) Valley 
Energy Center in the Town of Wawayanda, New York from Millennium's 
existing mainline pipeline. According to Millennium, the Valley Lateral 
Project would supply

[[Page 40059]]

natural gas for generation of up to 650 megawatts of power at the CPV 
Valley Energy Center (in development).
    The planned Valley Lateral Project would consist of the following 
facilities:
     7.8 miles of pipeline lateral originating at Millennium's 
existing mainline that would deliver gas to the CPV Valley Energy 
Center;
     a pig \1\ launcher at the pipeline origin located wholly 
within the permanent pipeline right-of-way; and
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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.
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     a pig receiver and metering facilities at the pipeline 
terminus and located entirely within the area to be developed for the 
CPV Valley Energy Center.
    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 
www.ferc.gov using the link called ``eLibrary'' or from the 
Commission's Public Reference Room, 888 First Street NE., 
Washington, DC 20426, or call (202) 502-8371. For instructions on 
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Construction of the planned pipeline lateral facilities would occur 
within a 75- to 135-foot right-of-way. Following construction, 
Millennium would maintain a 50-foot right-of-way for permanent 
operation of the project's facilities; the remaining acreage would be 
restored and revert to former uses. About 24 percent of the planned 
pipeline route parallels existing pipeline, utility, or road rights-of-
way.

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\3\ 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, the Commission requests public 
comments on the scope of the issues to address in the EA. We will 
consider all filed comments during the preparation of the EA.
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    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of 
the construction and operation of the planned project under these 
general headings:
     geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate possible alternatives to the planned project 
or portions of the project, and make recommendations on how to lessen 
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already 
initiated our 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 FERC receives an application. As part of our pre-filing review, we 
have begun to contact some federal and state agencies to discuss their 
involvement in the scoping process and the preparation of the EA.
    The EA will present our independent analysis of the issues. The EA 
will be available in the public record through eLibrary. We will also 
publish and distribute the EA to the public for an allotted comment 
period. We will consider all comments on the EA before we make our 
recommendations to the Commission. To ensure we have the opportunity to 
consider and address your comments, please carefully follow the 
instructions in the Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues 
related to this project to formally cooperate with us in the 
preparation of the EA.\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, Part 1501.6.
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Consultations 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, we are 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\ We will define the project-specific Area of Potential 
Effects (APE) in consultation with the SHPO as the project develops. On 
natural gas facility projects, the APE at a minimum encompasses all 
areas subject to ground disturbance (examples include construction 
right-of-way, contractor/pipe storage yards, compressor stations, and 
access roads). Our EA 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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    \5\ 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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Environmental Mailing List

    The environmental mailing list includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; 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. We will update the environmental mailing list 
as the analysis proceeds to ensure that we send the information related 
to this environmental review to all individuals, organizations, and 
government entities interested in and/or potentially affected by the 
planned project.
    Copies of the EA will be sent to the environmental mailing list for 
public review and comment. If you would prefer to receive a paper copy 
of the document instead of the CD version or would like to remove your 
name from the mailing list, please return the attached Information 
Request (appendix 2).

Becoming an Intervenor

    Once Millennium files its application with the Commission, you may 
want to become an ``intervenor'' which is an official party to the 
Commission's proceeding. Intervenors play a more formal role in the 
process and are able

[[Page 40060]]

to file briefs, appear at hearings, 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. 
Instructions for becoming an intervenor are in the User's Guide under 
the ``e-filing'' link on the Commission's Web site. 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.

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 Web site (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 (i.e., PF15-
23). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free at (866) 208-3676, or for TTY, 
contact (202) 502-8659. 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 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/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: July 6, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-16998 Filed 7-10-15; 8:45 am]
 BILLING CODE 6717-01-P
40058 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices

However, a person does not have to DEPARTMENT OF ENERGY negotiations fail to produce an
intervene in order to have comments agreement, the pipeline company could
considered. The second way to Federal Energy Regulatory initiate condemnation proceedings
participate is by filing with the Commission where compensation would be
Secretary of the Commission, as soon as [Docket No. PF15–23–000] determined in accordance with state
possible, an original and two copies of law.
comments in support of or in opposition Millennium Pipeline Company, LLC; A fact sheet prepared by the FERC
to this project. The Commission will Notice of Intent To Prepare an entitled ‘‘An Interstate Natural Gas
Environmental Assessment for the Facility On My Land? What Do I Need
consider these comments in
Planned Valley Lateral Project, and To Know?’’ is available for viewing on
determining the appropriate action to be
Request for Comments on the FERC Web site (www.ferc.gov). This
taken, but the filing of a comment alone fact sheet addresses a number of
will not serve to make the filer a party Environmental Issues
typically asked questions, including the
to the proceeding. The Commission’s The staff of the Federal Energy use of eminent domain and how to
rules require that persons filing Regulatory Commission (FERC or participate in the Commission’s
comments in opposition to the project Commission) will prepare an proceedings.
provide copies of their protests only to environmental assessment (EA) that will
the party or parties directly involved in discuss the environmental impacts of Public Participation
the protest. the Valley Lateral Project involving For your convenience, there are three
construction and operation of facilities methods you can use to submit your
Persons who wish to comment only
by Millennium Pipeline Company, LLC comments to the Commission. The
on the environmental review of this
(Millennium) in Orange County, New Commission encourages electronic filing
project should submit an original and York. The Commission will use this EA of comments and has expert staff
two copies of their comments to the in its decision-making process to available to assist you at (202) 502–8258
Secretary of the Commission. determine whether the project is in the or efiling@ferc.gov. Please carefully
Environmental commenters will be public convenience and necessity. follow these instructions so that your
placed on the Commission’s This notice announces the opening of comments are properly recorded.
environmental mailing list, will receive the scoping process the Commission (1) You can file your comments
copies of the environmental documents, will use to gather input from the public electronically using the eComment
and will be notified of meetings and interested agencies on the project. feature on the Commission’s Web site
associated with the Commission’s You can make a difference by providing (www.ferc.gov) under the link to
environmental review process. us with your specific comments or Documents and Filings. This is an easy
Environmental commenters will not be concerns about the project. Your method for submitting brief, text-only
required to serve copies of filed comments should focus on the potential comments on a project;
documents on all other parties. environmental effects, reasonable (2) You can file your comments
However, the non-party commenters alternatives, and measures to avoid or electronically by using the eFiling
will not receive copies of all documents lessen environmental impacts. Your feature on the Commission’s Web site
filed by other parties or issued by the input will help the Commission staff (www.ferc.gov) under the link to
Commission (except for the mailing of determine what issues they need to Documents and Filings. With eFiling,
environmental documents issued by the evaluate in the EA. To ensure that your you can provide comments in a variety
Commission) and will not have the right comments are timely and properly of formats by attaching them as a file
to seek court review of the recorded, please send your comments so with your submission. New eFiling
that the Commission receives them in users must first create an account by
Commission’s final order.
Washington, DC on or before August 5, clicking on ‘‘eRegister.’’ If you are filing
Motions to intervene, protests and 2015. a comment on a particular project,
comments may be filed electronically If you sent comments on this project please select ‘‘Comment on a Filing’’ as
via the internet in lieu of paper; see, 18 to the Commission before the opening of the filing type; or
CFR 385.2001(a) (1) (iii) and the this docket on April 30, 2015, you will (3) You can file a paper copy of your
instructions on the Commission’s Web need to file those comments in Docket comments by mailing them to the
site under the ‘‘e-Filing’’ link. The No. PF15–23–000 to ensure they are following address. Be sure to reference
Commission strongly encourages considered as part of this proceeding. the project docket number (PF15–23–
electronic filings. This notice is being sent to the 000) with your submission: Kimberly D.
Commission’s current environmental Bose, Secretary, Federal Energy
Comment Date: July 22, 2015.
mailing list for this project. State and Regulatory Commission, 888 First Street
Dated: July 1, 2015. local government representatives should NE., Room 1A, Washington, DC 20426.
Kimberly D. Bose, notify their constituents of this planned
project and encourage them to comment Summary of the Planned Project
Secretary.
on their areas of concern. Millennium plans to construct and
[FR Doc. 2015–16999 Filed 7–10–15; 8:45 am]
If you are a landowner receiving this operate approximately 7.8 miles of new
BILLING CODE 6717–01P
notice, a pipeline company pipeline lateral in Orange County, New
representative may contact you about York. The planned pipeline lateral
asabaliauskas on DSK5VPTVN1PROD with NOTICES

the acquisition of an easement to would provide about 130 million cubic
construct, operate, and maintain the feet per day of natural gas per day to the
planned facilities. The company would Competitive Power Ventures (CPV)
seek to negotiate a mutually acceptable Valley Energy Center in the Town of
agreement. However, if the Commission Wawayanda, New York from
approves the project, that approval Millennium’s existing mainline
conveys with it the right of eminent pipeline. According to Millennium, the
domain. Therefore, if easement Valley Lateral Project would supply

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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices 40059

natural gas for generation of up to 650 planned project under these general notice to initiate consultation with the
megawatts of power at the CPV Valley headings: applicable State Historic Preservation
Energy Center (in development). • geology and soils; Office, and to solicit their views and
The planned Valley Lateral Project • land use; those of other government agencies,
would consist of the following facilities: • water resources, fisheries, and interested Indian tribes, and the public
• 7.8 miles of pipeline lateral wetlands; on the project’s potential effects on
originating at Millennium’s existing • cultural resources; historic properties.5 We will define the
mainline that would deliver gas to the • vegetation and wildlife; project-specific Area of Potential Effects
CPV Valley Energy Center; • air quality and noise; (APE) in consultation with the SHPO as
• a pig 1 launcher at the pipeline • endangered and threatened species; the project develops. On natural gas
origin located wholly within the • public safety; and facility projects, the APE at a minimum
permanent pipeline right-of-way; and • cumulative impacts. encompasses all areas subject to ground
• a pig receiver and metering We will also evaluate possible disturbance (examples include
facilities at the pipeline terminus and alternatives to the planned project or construction right-of-way, contractor/
located entirely within the area to be portions of the project, and make pipe storage yards, compressor stations,
developed for the CPV Valley Energy recommendations on how to lessen or and access roads). Our EA for this
Center. avoid impacts on the various resource project will document our findings on
The general location of the project the impacts on historic properties and
areas.
facilities is shown in appendix 1.2 summarize the status of consultations
Although no formal application has
Land Requirements for Construction been filed, we have already initiated our under section 106.
Construction of the planned pipeline NEPA review under the Commission’s Environmental Mailing List
lateral facilities would occur within a pre-filing process. The purpose of the
pre-filing process is to encourage early The environmental mailing list
75- to 135-foot right-of-way. Following includes federal, state, and local
construction, Millennium would involvement of interested stakeholders
and to identify and resolve issues before government representatives and
maintain a 50-foot right-of-way for agencies; elected officials;
permanent operation of the project’s the FERC receives an application. As
part of our pre-filing review, we have environmental and public interest
facilities; the remaining acreage would groups; Native American Tribes; other
be restored and revert to former uses. begun to contact some federal and state
agencies to discuss their involvement in interested parties; and local libraries
About 24 percent of the planned and newspapers. This list also includes
pipeline route parallels existing the scoping process and the preparation
of the EA. all affected landowners (as defined in
pipeline, utility, or road rights-of-way. the Commission’s regulations) who are
The EA will present our independent
The EA Process analysis of the issues. The EA will be potential right-of-way grantors, whose
The National Environmental Policy available in the public record through property may be used temporarily for
Act (NEPA) requires the Commission to eLibrary. We will also publish and project purposes, or who own homes
take into account the environmental distribute the EA to the public for an within certain distances of aboveground
impacts that could result from an action allotted comment period. We will facilities, and anyone who submits
whenever it considers the issuance of a consider all comments on the EA before comments on the project. We will
Certificate of Public Convenience and we make our recommendations to the update the environmental mailing list as
Necessity. NEPA also requires us3 to Commission. To ensure we have the the analysis proceeds to ensure that we
discover and address concerns the opportunity to consider and address send the information related to this
public may have about proposals. This your comments, please carefully follow environmental review to all individuals,
process is referred to as scoping. The the instructions in the Public organizations, and government entities
main goal of the scoping process is to Participation section, beginning on page interested in and/or potentially affected
focus the analysis in the EA on the 2. by the planned project.
With this notice, we are asking Copies of the EA will be sent to the
important environmental issues. By this
agencies with jurisdiction by law and/ environmental mailing list for public
notice, the Commission requests public
or special expertise with respect to the review and comment. If you would
comments on the scope of the issues to
environmental issues related to this prefer to receive a paper copy of the
address in the EA. We will consider all
project to formally cooperate with us in document instead of the CD version or
filed comments during the preparation
the preparation of the EA.4 Agencies would like to remove your name from
of the EA.
In the EA we will discuss impacts that that would like to request cooperating the mailing list, please return the
could occur as a result of the agency status should follow the attached Information Request (appendix
construction and operation of the instructions for filing comments 2).
provided under the Public Participation Becoming an Intervenor
1A ‘‘pig’’ is a tool that the pipeline company section of this notice. Once Millennium files its application
inserts into and pushes through the pipeline for
cleaning the pipeline, conducting internal Consultations Under Section 106 of the with the Commission, you may want to
inspections, or other purposes. National Historic Preservation Act become an ‘‘intervenor’’ which is an
2 The appendices referenced in this notice will
official party to the Commission’s
not appear in the Federal Register. Copies of the In accordance with the Advisory
asabaliauskas on DSK5VPTVN1PROD with NOTICES

proceeding. Intervenors play a more
appendices were sent to all those receiving this Council on Historic Preservation’s
notice in the mail and are available at www.ferc.gov formal role in the process and are able
implementing regulations for section
using the link called ‘‘eLibrary’’ or from the
Commission’s Public Reference Room, 888 First
106 of the National Historic 5 The Advisory Council on Historic Preservation
Street NE., Washington, DC 20426, or call (202) Preservation Act, we are using this regulations are at Title 36, Code of Federal
502–8371. For instructions on connecting to Regulations, Part 800. Those regulations define
eLibrary, refer to the last page of this notice. 4 The Council on Environmental Quality historic properties as any prehistoric or historic
3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the regulations addressing cooperating agency district, site, building, structure, or object included
environmental staff of the Commission’s Office of responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register
Energy Projects. Regulations, Part 1501.6. of Historic Places.

VerDate Sep<11>2014 19:27 Jul 10, 2015 Jkt 235001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1
Document Created: 2018-02-23 09:18:00
Document Modified: 2018-02-23 09:18:00
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 40058
80 FR 40058 - Millennium Pipeline Company, LLC; Notice of Intent To Prepare an Environmental Assessment for the Planned Valley Lateral Project, and Request for Comments on Environmental Issues

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 80, Issue 133 (July 13, 2015)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
