Scoping Meeting for the DeLa Express Project (PF24-4-000)

Docket No. PF24-4-000

The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental document that will discuss the environmental impacts of the DeLa Express Project involving construction and operation of facilities by DeLa Express LLC (DeLa Express) in Reeves, Loving, Andrews, Ward, Winkler, Ector, Midland, Upton, Glasscock, Sterling, Coke, Runnels, Coleman, Brown, Mills, Hamilton, Coryell, McLennan, Falls, Bell, Robertson, Milam, Brazos, Grimes, Montgomery, Walker, San Jacinto, Liberty, Hardin, Jefferson, and Orange Counties, Texas and Calcasieu Parish, Louisiana.  The Commission will use this environmental document 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 regarding the project.  As part of the National Environmental Policy Act (NEPA) review process, the Commission takes into account concerns the public may have about proposals and the environmental impacts that could result from its action whenever it considers the issuance of a Certificate of Public Convenience and Necessity.  This gathering of public input is referred to as “scoping.”  The main goal of the scoping process is to focus the analysis in the environmental document on the important environmental issues.  Additional information about the Commission’s NEPA process is described below in the NEPA Process and Environmental Document section of this notice. 

By this notice, the Commission requests public comments on the scope of issues to address in the environmental document.  To ensure that your comments are timely and properly recorded, please submit your comments so that the Commission receives them in Washington, DC on or before 5:00pm Eastern Time on September 23, 2024.  Comments may be submitted in written or oral form.  Further details on how to submit comments are provided in the Public Participation section of this notice.

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 environmental document.  Commission staff will consider all written or oral comments during the preparation of the environmental document.  

If you submitted comments on this project to the Commission before the opening of this docket on April 2, 2024, you will need to file those comments in Docket No. PF24-4-000 to ensure they are considered. 

This notice is being sent to the Commission’s current environmental mailing list, as described in the Environmental Mailing List section of this notice.  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 easement agreement.  You are not required to enter into an agreement.  However, if the Commission approves the project, the Natural Gas Act conveys the right of eminent domain to the company.  Therefore, if you and the company do not reach an easement agreement, the pipeline company could initiate condemnation proceedings in court.  In such instances, compensation would be determined by a judge in accordance with state law.  The Commission does not subsequently grant, exercise, or oversee the exercise of that eminent domain authority.  The courts have exclusive authority to handle eminent domain cases; the Commission has no jurisdiction over these matters.  

A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land?  What Do I Need To Know?” addresses typically asked questions, including the use of eminent domain and how to participate in the Commission’s proceedings.  This fact sheet along with other landowner topics of interest are available for viewing on the FERC website (www.ferc.gov) under the Natural Gas, Landowner Topics link. 

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 website (www.ferc.gov) using the eLibrary link.  Click on the eLibrary link, click on “General Search” and enter the docket number in the “Docket Number” field.  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 all formal documents issued by the Commission, such as orders, notices, and rulemakings.

Public sessions or site visits will be posted on the Commission’s calendar located at https://www.ferc.gov/news-events/events along with other related information.