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A copy of any motion to intervene must free (866) 290–9686. A Mitigation 13, 2001, to solicit interest from parties also be served upon the representative Action Plan (MAP) will be developed to help finance, construct, and co-own of the RAWA specified in item h, above. and when completed, will be available the system additions. Thirteen p. Agency Comments—Federal, state, on the Web site or by calling the same statements of interest were received by and local agencies are invited to file toll free number. the deadline established in the Federal comments on the subject application for FOR FURTHER INFORMATION CONTACT: Mr. Register notice and evaluated. The surrender of exemption. If an agency Thomas R. Boyko, The Project Manager, Secretary announced on October 18, does not file comments within the time Customer Service Region, 2001, that Western would enter into a specified for filing comments, it will be Western Area Power Administration, MOU with qualified private and public presumed to have no comments. One 114 Parkshore Drive, Folsom, CA 95630, parties to finance, construct, and co- copy of an agency’s comments must also telephone (866) 290–9686, E-mail own the system additions. These be sent to the Applicant’s representative [email protected]. For information companies are Kinder Morgan Power listed in item h, above. about the Department of Energy NEPA Company, PG&E, PG&E National Energy process, contact Ms. Carol M. Group, Inc., Transmission Agency of Linwood A. Watson, Jr., Northern , Trans-Elect, Acting Secretary. Borgstrom, Director, NEPA Policy and Compliance, EH–42, U.S. Department of Western’s Sierra Nevada Region [FR Doc. 01–31311 Filed 12–19–01; 8:45 am] Energy, 1000 Independence Avenue Marketing function, and the Williams BILLING CODE 6717–01–P SW., Washington, DC 20585, telephone Energy Marketing and Trading (202) 586–4600 or (800) 472–2756. Company. Western and PG&E have been SUPPLEMENTARY INFORMATION: Title III of DEPARTMENT OF ENERGY exploring the construction of the Project the Energy and Water Development under separate processes. At the request Western Area Power Administration Appropriations Act for Fiscal Year 1985 of the California Public Utilities (Pub. L 98–380) authorized the Los Banos-Gates Transmission Project Commission (CPUC), PG&E submitted a Secretary of Energy (Secretary), through conditional Certificate of Public Western, to construct or participate in AGENCY: Western Area Power Convenience and Necessity (CPCN) Administration, DOE. the construction of additional facilities application to construct the Project on as the Secretary deems necessary to ACTION: Record of decision. April 13, 2001. The CPCN process allow mutually beneficial power sales examines the environmental impacts of SUMMARY: The Department of Energy between the Pacific Northwest and the the Project under the California (DOE), Western Area Power California. In 1985, a group of California Environmental Quality Act and will Administration (Western), has decided public and private utilities and Western determine if it is economically feasible to construct the Los Banos-Gates developed a Memorandum of for PG&E ratepayers to pay for the Transmission Project (Project) through a Understanding (MOU) that provided a construction, operation, and public/private partnership. Electric framework for the proposed maintenance of the Project. The Draft power transmission constraints along development of the California-Oregon Supplemental Environmental Impact this path have contributed to blackouts Transmission Project (COTP) and the Report (SEIR) was released on October in California. The Project will relieve Los Banos-Gates Transmission Project. 5, 2001. A final decision is expected by these constraints. The Final EIS for the California-Oregon the CPUC in March 2002. This Record of Decision (ROD) is Transmission Project and the Los Banos- Since the Final EIS was prepared back based on the information, analysis, and Gates Transmission Project (DOE/EIS– in 1988, Western chose to prepare an SA public comment received on the Final 0128, 1988) (Final EIS) was issued in for the Project (DOE/EIS–0128–SA–01, Environmental Impact Statement (EIS) 1988. A ROD for construction of the August 24, 2001) to determine whether for the California-Oregon Transmission COTP was issued in 1988 (53 FR 17749, a supplemental EIS was required. The Project (DOE/EIS–0128, 1988) (Final May 18, 1988), and the COTP was built purpose of the SA was to determine if EIS), its associated Draft EIS, and the and placed into service in 1993. The there are any substantial changes in the Supplement Analysis (SA) for the Project was not built at that time proposed action that are relevant to Project (DOE/EIS–0128–SA–01, August because, as stated in the COTP ROD, environmental concerns or if there are 24, 2001). Based on the findings on the Pacific Gas and Electric Company significant new circumstances or SA, Western has determined that further (PG&E) could meet its obligations in the information relevant to environmental National Environmental Policy Act MOU without construction of the concerns and bearing on the proposed (NEPA) documentation is not required. Project. Now, due to the need for action or its impacts (10 CFR The Project, also known as Path 15, additional operational flexibility and 1021.314(c) and 40 CFR 1502.9 (c)(1)(i) consists of approximately 84 miles of capacity between Northern and and (ii)). The SA was based on a review new 500-kilovolt (kV) transmission line Southern California, and with of the Draft and Final EIS environmental in California’s western San Joaquin increasing energy demands in Northern analysis and supporting documents, and Valley, starting at the existing Los Banos California, the Project has been an update of the information using Substation near Los Banos in Merced reconsidered. current data available for the Project, the County and extending generally south In May 2001, Secretary of Energy Project area, and its resources. southeastward to the existing Gates Spencer Abraham directed Western to The SA did not identify any Substation near Coalinga in Fresno take the first steps, including the significant new circumstances or County. The Project will also require preparation of environmental studies, information relevant to environmental modifications to some existing high- toward developing the Project. This concerns identified in the Final EIS. voltage transmission equipment. directive was issued based on a Based on the findings of the SA, Copies of the pertinent volumes of the recommendation in the National Energy Western has determined that further Draft EIS (DOE/EIS–0128, 1986) and the Policy, issued on May 17, 2001 (http:/ NEPA documentation is not required SA can be reviewed on Western’s Web /www.whitehouse.gov/energy). Western before making a decision on the Project. site http://www.wapa.gov/SN/ issued a Request for Statements of Full implementation of this ROD is path15links or obtained by calling toll Interest in the Federal Register on June contingent upon: (1) Completion of

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Endangered Species Act Section 7 Coastal Mountains in the western San Gates Substation consultation with the U.S. Fish and Joaquin Valley. The corridor can be Modify the existing PG&E Gates 500- Wildlife Service, (2) completion of generally described as non-cultivated kV Substation by adding a new bay, two National Historic Preservation Act and non-irrigated hilly land used new circuit breakers, new series Section 106 consultation with the primarily for livestock grazing. Only a capacitor bank, shunt capacitors, and California Historic Preservation Office, small amount of agricultural land miscellaneous electrical equipment. and (3) consultation with Native (approximately 15 percent) is crossed by Construction will be within the existing American tribes. the corridor. Vegetation within the boundaries of the substation. Completion of these processes may corridor is nearly all grassland or shrub. result in additional conditions or Other than the Los Banos Reservoir and Midway Substation restrictions on the Project, and/or intermittent streams, no surface water is Modify the existing PG&E Midway additional binding mitigation measures. crossed. The corridor, which comes near 500-kV Substation, located in Kern Once the Section 106 and Section 7 oil fields, will cross California Highway County, by adding new shunt processes and Native American 198 about 10 miles northeast of Coalinga capacitors, and miscellaneous electrical consultations are completed, Western and Interstate 5 about 8 miles east of equipment. Construction will be within will issue an amended ROD if it changes Coalinga. The corridor roughly parallels the existing boundaries of the its selected alternative or makes two existing PG&E 500-kV transmission substation. additional mitigation commitments as a lines that are a portion of the Pacific Los Banos-Midway No. 2 500-kV result of the above processes. This ROD Northwest-Pacific Southwest Intertie. Transmission Line has been prepared under the Council on The transmission line will be installed Environmental Quality regulations for on self-supporting square or rectangular Realign the existing PG&E Los Banos- Implementing NEPA (40 CFR parts lattice steel structures that will vary in Midway 500-kV No. 2 Transmission 1500–1508) and DOE Procedures for height from approximately 100 to 160 Line to loop into the Gates Substation. Implementing NEPA (10 CFR part 1021). feet. An average of only five structures This realignment of 7,000 feet of Western has adopted the mitigation per mile will be necessary, supporting existing line will result in the removal measures for the Project identified in bundled or triple conductors. of seven towers and the construction of the Final EIS and the SA, and will Contracts for the new right-of-way six towers adjacent to the existing Los prepare a MAP that will ensure that the (ROW) within the corridor will be Banos-Midway 500-kV No. 1 measures are integrated into the Project. negotiated with individual landowners. Transmission Line. The realignment The MAP will also include additional A new 200-foot ROW or easement will will be done within PG&E’s existing mitigation required after the completion right-of-way. be needed for construction, operation, of consultations with Federal, State, and and maintenance of the new 84-mile local agencies and will be made Gates-Arco-Midway 230-kV transmission line. New 15–30 foot-wide available to the public when issued. It Transmission Line access road easements will also be may also include specific mitigation Reconductor/reconfigure 24.4 miles of needed for construction and permanent measures as agreed upon with the existing PG&E 70-mile transmission access to the transmission line landowners. In addition, Western will lines between Gates Substation and structures for maintenance purposes. coordinate with the appropriate Federal, Midway Substation, which presently Additional temporary construction State, and local land management and consists of one 230-kV and one 115-kV easements will be needed for resource agencies on any unforeseen transmission line. The 115-kV construction sites such as staging areas site-specific mitigation requirements transmission line could be reconfigured and conductor pulling sites. identified during the Project to a 230-kV line to establish two 230-kV construction phase. Connected Actions circuits between these substations. The reconductoring will be done by bucket Selected and Environmentally The Final EIS discussed additional truck within PG&E’s existing right-of- Preferred Alternative system modifications that will be way on existing access roads. The EIS analyzed two alternative needed to incorporate the Project into Mitigation corridors for the Project, the East and the integrated power system. As these the West. The West corridor was system components belong to others, The mitigation measures adopted are identified as being environmentally Western will not be making decisions listed in the Draft EIS issued in 1986 preferred. The Supplement Analysis about conducting this work, but these and the SA. They are too extensive to reconfirmed that the West corridor is actions will have to be closely be listed here in their entirety, but can still environmentally preferred. Western coordinated with the construction of the be reviewed on the web site provided selected the West corridor as its Los Banos-Gates Transmission Line. above, or obtained from the contact preferred alternative, and a detailed This additional work is not related to given above. In general, many mitigation description of the Project follows. the selection of a corridor for the Los measures take the form of avoidance Banos-Gates Transmission Line. These through careful siting of the Project Los Banos-Gates 500-kV Transmission connected actions include the centerline and individual structures and Line (new) following: access roads. Some mitigation measures Construct approximately 84 miles of identify specific potential impacts and Los Banos Substation single-circuit, overhead 500-kV provide strategies for minimizing or transmission line from Los Banos Modify the existing PG&E Los Banos eliminating the potential for impact. Substation, near Los Banos and three 500-kV Substation by adding a new bay, Others commit to coordination with miles south of Santa Nella Village in two new circuit breakers, shunt resource agencies or landowners to site Merced County generally south capacitors, miscellaneous electrical structures and access roads away from southeastward to Gates Substation, 12 equipment, and possibly a new sensitive resources. Construction miles east of Coalinga in Fresno County. capacitor bank. Construction will be activities will be excluded from some The West corridor lies between within the existing boundaries of the sensitive resource locations to prevent Interstate 5 and the foothills of the substation. any disturbance.

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Another set of specific mitigation California. Longer-term impacts of not valuable as wildlife habitat since it measures address construction practices constructing the Project include supports far less natural vegetation than designed to minimize potential impacts. primarily air quality impacts from is found further west. These measures detail culvert operating these peaking plants once The West corridor was selected over installation, wetting of disturbed areas built, and direct impacts to other the East corridor because crossing for dust abatement, re-seeding, soil resources such as vegetation, wildlife, undeveloped grazing lands would have compaction, debris removal, and similar visual, or archaeological due to the less impact than crossing agricultural topics. A final set of measures addresses construction of these plants. Selecting lands. The potential impact on the potential long-term impacts like closing the no-action alternative would mean farming community is reduced by access roads and correcting any radio or that 1,500 MW of generation resources minimizing the disruption to existing television interference problems. and associated transmission facilities agricultural practices, including loss of These mitigation measures will be would need to be constructed in productive land, aerial seeding and incorporated into the Project through a Northern California to meet electrical spraying, field irrigation, and soil MAP that Western will develop prior to load, resulting in negative cultivation and preparation. construction. Western will prepare the environmental impacts. Additionally, there are reduced visual MAP during the project design phase so The no-action alternative was not impacts to residents and travelers on as to include engineering designs and selected because it does not meet the Interstate 5 as compared with the more construction plans. It will be developed recommendations in the National populated East corridor. The CPUC through additional consultation with Energy Policy and the directive from the examined the same corridors, and Federal, State, Tribal, and local Secretary to relieve the transmission identified the West corridor as the agencies. Western will utilize best bottleneck on Path 15 and may impact environmentally superior alternative in construction practices and applicable California’s ability to meet growing their SEIR. industry standards. electrical demands in Northern None of the alternatives are expected Implementation of the MAP will be California. to result in substantial impacts to earth resources, water resources and fisheries, assured through several measures. First, 2. Transmission Alternatives Western will ensure that the applicable socioeconomics, or corona, electric mitigation measures are included in all Selection of the West corridor for the field, and safety considerations. construction contracts. The construction Project was part of a systematic siting Western examined environmental inspectors will verify that mitigation process that began in 1985. The process justice concerns and found that impacts measures are implemented and reduced a large geographic study area to are not disproportional to any minority inspectors will have the authority to alternative transmission corridors (2 to or low-income populations. Economic impacts would be greatest enforce the measures by redirecting 5 miles wide) to alternative routes where the most agriculture is affected. activities of the construction contractor within these corridors (approximately Locating the Project in the East corridor to the extent necessary to meet the 1,500 feet wide) to a preferred route would lead to loss of productive mitigation requirements included in the made up of selected route segments. Because the SA focused on verifying farmland, restricted agricultural construction specifications. Second, and updating existing information at the development in the ROW, and Western will monitor the project level, this ROD discusses interference with agricultural practices. implementation of the mitigation corridors, but it is important to note that In the West corridor, development may measures. Third, cooperating and the original work to develop the overall also be somewhat restricted in the areas responsible Federal, State, Tribal, and impact levels for the two corridors between the transmission line and the local agencies may also monitor the involved collecting data at a much finer existing Intertie lines. There is implementation of the mitigation detail. The process included public significantly less agricultural land measures under their jurisdiction. workshops, agency coordination, and located in the West corridor. Details of the coordination and field studies over a 12-month period. Surveys have found threatened and reporting mechanisms for this The primary objective in refining the endangered vegetation and wildlife in monitoring will be included in the alternatives was to avoid, to the extent the study area. Because there is less MAP. When completed, the MAP will possible, environmental and land use development in the West corridor, more be available on Western’s web site or by impacts and constraints during the of these species are expected in the calling the toll free number provided planning phases of the Project. West corridor than in the East corridor. above. The Final EIS considered East and The West corridor has, in general, a Alternatives Considered But Not West corridors for the Project. The West more diverse collection of vegetation. Selected corridor runs to the west of Interstate 5 However, the Final EIS and the SA have and is primarily in grazing lands, with found that most impacts can be avoided 1. No Action about 15 percent of the corridor crossing with careful placement of structures and Selection of the no-action alternative irrigated cropland or orchards. While access roads, and further reduced by would mean that the Project would not approximately 3 percent of the West mitigation measures. Up to 153 acres of be constructed. The no-action corridor has been converted to vegetation are subject to disruption in alternative would have fewer agriculture and crops since 1988, the building the Project in either corridor. environmental impacts than the selected predominant land uses remain the same Wildlife may be temporarily displaced alternative in the short term. By not as when the Final EIS was issued. during active construction, but will constructing the Project, the short-term The East corridor runs to the east of return to the corridor area once impacts would be continued congestion Interstate 5 and parallel to PG&E’s construction activities cease. An average on Path 15, which could lead to existing 230-kV transmission line for 68 of only five structures per mile helps to additional blackouts in Northern miles. The Final EIS identifies greater minimize long-term impacts. California. The State of California has than 84 percent of the East corridor as Cultural resources have been licensed several peaking generation crossing irrigated cropland, which is of identified in both corridors; however, plants that would operate to help meet high economic value to the region. This field inventories have not been the electrical demands in Northern intensively managed cropland is less conducted to identify specific cultural

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resources that could potentially be potential impacts on the economic within the affected floodplain. The impacted by construction of the Project. development of a proposed housing floodplain assessment will be included These intensive surveys are undertaken development near the Los Banos in the Environmental Assessment being once the initial centerline location is Substation, San Joaquin kit fox habitat prepared by Western, in accordance determined, and can lead to adjustments and mitigation areas being evaluated with the provisions of the DOE National in the centerline to avoid potential within the Western corridor, established Environmental Policy Act Implementing impacts. More cultural sites have been habitat areas, and electromagnetic Procedures (10 CFR part 1021). identified in the West corridor because fields. Western will work with DATES: of its more varied topography and landowners to address their concerns Comments on the proposed undeveloped nature. Western’s during the transmission line siting and floodplain action are due to the address Programmatic Agreement is under land acquisition processes. below no later than January 22, 2002. review with the California Office of Comments from the CPUC centered FOR FURTHER INFORMATION CONTACT: Historic Preservation and other affected on including additional information Comments should be addressed to Mr. parties. The Agreement will address from its environmental analysis. The Theodore Anderson, Environmental inventory strategies, consultation, CPUC’s major comments included Specialist, Upper Great Plains Customer eligibility and effect, and treatment impacts to air quality, endangered Service Region, Western Area Power plans, and will be referenced in the species, water quality, increases in Administration, P.O. Box 35800, MAP. agricultural and other land uses, visual Billings, Montana 59107–5800, e-mail Transmission structures located in resources, seismic activity, [email protected]. For further either the East and West corridors socioeconomics, cultural resources, and information on DOE Floodplain/ would be visible from Interstate 5; mitigation measures. Western will also Wetlands Environmental Review however, they would be more visible in work with the CPUC, PG&E, and other Requirements, contact Ms. Carol M. the East corridor. Structures in the West Federal, State, and local agencies to Borgstrom, Director, NEPA Policy and corridor would be more visible from assure that potential impacts are Compliance, EH–42, U.S. Department of recreation areas in the foothills and at minimized. Energy, 1000 Independence Avenue, reservoirs. Comments received and Western’s Transmission line construction in SW., Washington, DC 20585, telephone specific responses are available on (202) 586–4600 or (800) 472–2756. either corridor could affect roadways Western’s web site or by calling the toll during construction by causing free number. SUPPLEMENTARY INFORMATION: The congested traffic or by damaging road Dated: December 7, 2001. existing Havre-Rainbow Transmission surfaces. Line is approximately 103 miles long Michael S. Hacskaylo, Construction of the Project in either and approximately 60 years old. The Administrator. corridor would require similar action will entail the removal of the commitments of conductor wire, [FR Doc. 01–31346 Filed 12–19–01; 8:45 am] existing structures and reinstalling the structure steel, concrete, and energy BILLING CODE 6450–01–P new structures. At some time in the resources. Locating the transmission future Western may reconductor the line line at least 2,000 feet away from to 230-kV and install overhead DEPARTMENT OF ENERGY PG&E’s two 500-kV Intertie lines is groundwires and fiber optic cable. Most preferred since it increases power Western Area Power Administration ground disturbances will take place system reliability by reducing the where the structures are replaced, at the possibility of a single event loss of all Havre-Rainbow Transmission Line splice points, and at pulling sites of the three lines (fire, aircraft crash, Rebuild Project possible future installation of earthquake, etc.). This separation of conductor, overhead groundwire, and these important large transmission lines AGENCY: Western Area Power fiber optic cable. Access roads for the is consistent with standard utility Administration, DOE. line exist and may need to be improved. industry practice and Western Systems ACTION: Notice of floodplain/wetlands There may also be a need for additional Coordinating Council and North involvement. access trails or roads to individual American Electric Reliability Council structure locations. The work will take criteria and guidelines. SUMMARY: The Western Area Power Administration (Western) intends to place over a 10-year period by an in- Public Comment Summary rebuild the Havre-Rainbow 161 kilovolt house workforce. Western issued newsletters in June (kV) Transmission Line in central The line crosses the Marias and Teton and August 2001 and conducted two Montana. This will initially require Rivers, at their confluence with the public workshops on the Project on replacement of structures. Eventually, Missouri River near Loma, Montana, August 27 and 28, 2001. The conductors will be replaced and and Big Sandy Creek near Big Sandy, landowners attending the public overhead groundwires and fiber optic Montana. The line will affect lands workshops voiced concerns over land cable may be added. The line lies north mostly in private ownership (grazing values, future land use restrictions, and and west of the Missouri River and and cultivated lands), but will also cross agricultural impacts to operations and crosses the Marias and Teton Rivers Indian allotted lands on the Rocky Boys productivity. Written comments were near Loma, Montana, and the Big Sandy Indian Reservation. There may also be received from several landowners and Creek near Big Sandy, Montana. lands managed by the Bureau of Land the CPUC during the public review In accordance with the U.S. Management and lands belonging to the period. Department of Energy (DOE) State of Montana along the route. In their written comments, Floodplain/Wetland Review Issued: December 12, 2001. landowners expressed concerns about Requirements (10 CFR part 1022), locating the transmission line on their Western will prepare a floodplain Michael S. Hacskaylo, property and their desire to reduce assessment and will perform the Administrator. impacts to their land and farming proposed actions in a manner so as to [FR Doc. 01–31352 Filed 12–19–01; 8:45 am] operations. Other concerns included avoid or minimize potential harm to or BILLING CODE 6450–01–P

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