81 FR 87917 - Idaho Power Company; Notice of Petition for Declaratory Order
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 81, Issue 234 (December 6, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 234 (December 6, 2016)
| Page Range | 87917-87918 | |
| FR Document | 2016-29228 |
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)] [Notices] [Pages 87917-87918] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29228] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1971-079] Idaho Power Company; Notice of Petition for Declaratory Order Take notice that on November 23, 2016, Idaho Power Company (Idaho Power), licensee of the Hells Canyon Project No. 1971, filed a petition for a declaratory order (petition) pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2). Idaho Power requests that the Commission declare that, under the Supremacy Clause of the U.S. Constitution, Part I of the Federal Power Act (FPA) \1\ preempts the fish passage provisions contained in Oregon Revised Statute 509.585 with respect to the Hells Canyon Project, all as more fully explained in its petition. --------------------------------------------------------------------------- \1\ 16 U.S.C. 791a-823d (2016). --------------------------------------------------------------------------- Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.211, 385.214. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the [[Page 87918]] ``eLibrary'' link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an ``eSubscription'' link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659. Comment Date: 5:00 p.m. Eastern Time on December 30, 2016. Dated: November 30, 2016. Kimberly D. Bose, Secretary. [FR Doc. 2016-29228 Filed 12-5-16; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices 87917
The EIS evaluated four site and the Application should be granted for the Magnolia LNG and Lake Charles
alternatives. In order to meet the stated subject to compliance with the terms Expansion Projects minimizes
objectives of Magnolia LNG Project, the and conditions set forth in the Order, floodplain impacts to the extent
EIS considered following factors when including the environmental conditions practicable.
identifying the site that would most recommended in the EIS and adopted in Issued in Washington, DC, on November
likely pose some environmental the FERC Order at Appendix H. 30, 2016.
advantage to the proposed terminal site: Additionally, this authorization is Christopher A. Smith,
Waterfront access; property size; conditioned on Magnolia LNG’s Assistant Secretary, Office of Fossil Energy.
existing land use; site availability; compliance with any other mitigation
[FR Doc. 2016–29206 Filed 12–5–16; 8:45 am]
natural gas pipelines and transmission measures imposed by other federal or
BILLING CODE 6450–01–P
lines; population center/residences; state agencies.
distance to an interstate highway; and
Basis of Decision
wetlands. After evaluating each of the DEPARTMENT OF ENERGY
site alternatives, the EIS concluded that DOE’s decision is based upon the
the proposed site would have less analysis of potential environmental Federal Energy Regulatory
impact on wetlands, greater separation impacts presented in the EIS, and DOE’s Commission
between population center/residences, determination in Order No. 3909 that
and greater optimization of existing land the opponents of Magnolia LNG’s [Project No. 1971–079]
use. Application have failed to overcome the
statutory presumption that the proposed Idaho Power Company; Notice of
For the process alternatives, the EIS
export authorization is not inconsistent Petition for Declaratory Order
considered several liquefaction
technologies in addition to the proposed with the public interest. Although not Take notice that on November 23,
Optimized Single Mixed Refrigerant required by NEPA, DOE/FE also 2016, Idaho Power Company (Idaho
(OSMR) ® Process by LNG Technology). considered the Addendum, which Power), licensee of the Hells Canyon
Although the OSMR® Process uses summarizes available information on Project No. 1971, filed a petition for a
anhydrous ammonia, which present potential upstream impacts associated declaratory order (petition) pursuant to
several safety hazards, methods of with unconventional natural gas Rule 207(a)(2) of the Federal Energy
mitigating the safety hazards are well activities, such as hydraulic fracturing. Regulatory Commission’s Rules of
understood and subject to additional Mitigation Practice and Procedure, 18 CFR
federal regulation. The EIS determined 385.207(a)(2). Idaho Power requests that
that none of the alternatives would have As a condition of its decision to issue the Commission declare that, under the
a significant safety or environmental Order No. 3909 authorizing Magnolia Supremacy Clause of the U.S.
advantage over the OSMR® Process LNG to export LNG to non-FTA Constitution, Part I of the Federal Power
when considering additional mitigation countries, DOE is imposing Act (FPA) 1 preempts the fish passage
measure outlined in LNG Facility Siting requirements that will avoid or provisions contained in Oregon Revised
Requirements at section 4.12.5 of the minimize the environmental impacts of Statute 509.585 with respect to the Hells
EIS. the project. These conditions include Canyon Project, all as more fully
the environmental conditions explained in its petition.
Environmentally Preferred Alternative recommended in the EIS and adopted in Any person desiring to intervene or to
When compared against the other the FERC Order at Appendix H. protest this filing must file in
action alternatives assessed in the EIS, Mitigation measures beyond those accordance with Rules 211 and 214 of
as discussed above, the proposed included in Order No. 3909 that are the Commission’s Rules of Practice and
Magnolia LNG and Lake Charles enforceable by other Federal and state Procedure, 18 CFR 385.211, 385.214.
Expansion Projects are the agencies are additional conditions of Protests will be considered by the
environmentally preferred alternative. Order No. 3909. With these conditions, Commission in determining the
While the No-Action Alternative would DOE/FE has determined that all appropriate action to be taken, but will
avoid the environmental impacts practicable means to avoid or minimize not serve to make protestants parties to
identified in the EIS, adoption of this environmental harm from the Magnolia the proceeding. Any person wishing to
alternative would not meet the Magnolia LNG and Lake Charles Expansion become a party must file a notice of
LNG and Lake Charles Expansion Projects have been adopted. intervention or motion to intervene, as
Projects objectives. appropriate. Such notices, motions, or
Floodplain Statement of Findings
protests must be filed on or before the
Decision DOE prepared this Floodplain comment date. Anyone filing a motion
DOE has decided to issue Order No. Statement of Findings in accordance to intervene or protest must serve a copy
3909 authorizing Magnolia LNG to with DOE’s regulations, entitled of that document on the Petitioner.
export domestically produced LNG by ‘‘Compliance with Floodplain and The Commission encourages
vessel from the Magnolia LNG terminal Wetland Environmental Review electronic submission of protests and
located in Lake Charles, Calcasieu Requirements’’ (10 CFR part 1022). The interventions in lieu of paper using the
Parish, Louisiana to non-FTA countries, required floodplain assessment was ‘‘eFiling’’ link at http://www.ferc.gov.
in a volume up to the equivalent to conducted during development and Persons unable to file electronically
394.2 Bcf/yr of natural gas for a term of preparation of the EIS (see Section should submit an original and 5 copies
25 years to commence on the earlier of 4.1.3.3 of the EIS). DOE determined that
mstockstill on DSK3G9T082PROD with NOTICES
of the protest or intervention to the
the date of first export or seven years the majority of the LNG terminal site is Federal Energy Regulatory Commission,
from the date that the Order is issued. outside the 500-year floodplain and the 888 First Street NE., Washington, DC
Concurrently with this Record of pipeline facilities are outside the 100- 20426.
Decision, DOE is issuing Order No. 3909 and 500-year floodplains. However, This filing is accessible on-line at
in which it finds that the requested placement of some project components http://www.ferc.gov, using the
authorization has not been shown to be within floodplains would be
inconsistent with the public interest, unavoidable. Overall, the current design 1 16 U.S.C. 791a–823d (2016).
VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1](https://thefederalregister.org/doc/81_FR_88151/page/1.svg)
![87918 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices
‘‘eLibrary’’ link and is available for interventions in lieu of paper using the lease capacity on their systems to
review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. NEXUS.
Reference Room in Washington, DC. Persons unable to file electronically The final EIS assesses the potential
There is an ‘‘eSubscription’’ link on the should submit an original and 5 copies environmental effects of the
Web site that enables subscribers to of the protest or intervention to the construction and operation of the
receive email notification when a Federal Energy Regulatory Commission, Projects in accordance with the
document is added to a subscribed 888 First Street NE., Washington, DC requirements of the National
docket(s). For assistance with any FERC 20426. Environmental Policy Act. The FERC
Online service, please email This filing is accessible on-line at staff concludes that approval of the
FERCOnlineSupport@ferc.gov, or call http://www.ferc.gov, using the Projects would result in some adverse
(866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for environmental impacts; however, these
(202) 502–8659. electronic review in the Commission’s impacts would be reduced to acceptable
Comment Date: 5:00 p.m. Eastern Public Reference Room in Washington, levels with the implementation of
Time on December 30, 2016. DC. There is an ‘‘eSubscription’’ link on NEXUS’ and Texas Eastern’s proposed
Dated: November 30, 2016. the Web site that enables subscribers to mitigation measures and the additional
receive email notification when a measures recommended by staff in the
Kimberly D. Bose,
document is added to a subscribed final EIS.
Secretary. The U.S. Fish and Wildlife Service
docket(s). For assistance with any FERC
[FR Doc. 2016–29228 Filed 12–5–16; 8:45 am] (FWS), the U.S. Army Corps of
Online service, please email
BILLING CODE 6717–01–P FERCOnlineSupport@ferc.gov, or call Engineers (COE), and the U.S.
(866) 208–3676 (toll free). For TTY, call Environmental Protection Agency (EPA)
(202) 502–8659. participated as cooperating agencies in
DEPARTMENT OF ENERGY the preparation of the final EIS.
Comment Date: 5:00 p.m. Eastern
Time on December 13, 2016. Cooperating agencies have jurisdiction
Federal Energy Regulatory
by law or special expertise with respect
Commission Dated: November 29, 2016.
to resources potentially affected by the
Kimberly D. Bose,
[Docket No. EL17–23–000] proposal and participate in the National
Secretary. Environmental Policy Act analysis.
Independent Market Monitor for PJM v. [FR Doc. 2016–29223 Filed 12–5–16; 8:45 am] Although the FWS, COE, and EPA
PJM Interconnection, L.L.C.; Notice of BILLING CODE 6717–01–P provided input to the conclusions and
Complaint recommendations presented in the final
Take notice that on November 23, EIS, these agencies will each present
DEPARTMENT OF ENERGY their own conclusions and
2016, pursuant to section 206 of the
Federal Energy Regulatory recommendations in their respective
Federal Energy Regulatory
Commission’s (Commission) Rules of record of decision or determination for
Commission
Practice and Procedure, 18 CFR 385.206, the Projects.
Independent Market Monitor for PJM [Docket Nos. CP16–22–000; CP16–23–000; The final EIS addresses the potential
(Complainant or PJM) filed a formal CP16–24–000; CP16–102–000] environmental effects of the
complaint against PJM Interconnection, construction and operation of both the
NEXUS Gas Transmission, LLC; Texas NGT and TEAL Projects. The NGT
L.L.C. (Respondent or PJM) alleging Eastern Transmission, LP; DTE Gas
that, certain modifications to PJM’s Project consists of about 256.6 miles of
Company; Vector Pipeline L.P.; Notice pipeline composed of the following
manual 18 rules are unjust, of Availability of the Final
unreasonable, and inconsistent with facilities:
Environmental Impact Statement for • 209.8 miles of new 36-inch-
competitive markets, all as more fully the Proposed Nexus Gas Transmission diameter natural gas pipeline in Ohio;
explained in the complaint. Project and Texas Eastern • 46.8 miles of new 36-inch-diameter
The Complainant states that a copy of Appalachian Lease Project natural gas pipeline in Michigan;
the complaint has been served on the • associated equipment and facilities.
Respondent. The staff of the Federal Energy The TEAL Project would include two
Any person desiring to intervene or to Regulatory Commission (FERC or main components:
protest this filing must file in Commission) has prepared a final • 4.4 miles of new 36-inch-diameter
accordance with Rules 211 and 214 of environmental impact statement (EIS) loop pipeline in Ohio;
the Commission’s Rules of Practice and for the NEXUS Gas Transmission (NGT) • 0.3 mile of new 30-inch-diameter
Procedure (18 CFR 385.211, 385.214). Project and Texas Eastern Appalachian interconnecting pipeline Ohio; and
Protests will be considered by the Lease (TEAL) Project (jointly referred to • associated equipment and facilities.
Commission in determining the as ‘‘Projects’’), proposed by NEXUS Gas The Projects’ proposed aboveground
appropriate action to be taken, but will Transmission, LLC (NEXUS) and Texas facilities include five new compressor
not serve to make protestants parties to Eastern Transmission, LP (Texas stations in Ohio; additional
the proceeding. Any person wishing to Eastern) in the above-referenced compression and related modifications
become a party must file a notice of dockets. NEXUS and Texas Eastern to one existing compressor station in
intervention or motion to intervene, as request authorization to construct a new Ohio; five new metering and regulating
appropriate. The Respondent’s answer greenfield pipeline and expand an stations in Ohio; one new metering and
mstockstill on DSK3G9T082PROD with NOTICES
and all interventions, or protests must existing pipeline system from the regulating station in Michigan; and
be filed on or before the comment date. Appalachian Basin to deliver 1.5 minor modifications at existing
The Respondent’s answer, motions to million dekatherms per day to aboveground facilities at various
intervene, and protests must be served consuming markets in northern Ohio, locations across Ohio.
on the Complainants. southeastern Michigan, and Ontario, The FERC staff mailed copies of the
The Commission encourages Canada. DTE Gas Company and Vector final EIS to federal, state, and local
electronic submission of protests and Pipeline L.P. are requesting approval to government representatives and
VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1](https://thefederalregister.org/doc/81_FR_88151/page/2.svg)
Document Created: 2016-12-06 02:18:37
Document Modified: 2016-12-06 02:18:37
| 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 | |
| Dates | 5:00 p.m. Eastern Time on December 30, 2016. | |
| FR Citation | 81 FR 87917 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR