[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Notices]
[Pages 4410-4411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1955]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP96-606-001]


Texas Eastern Transmission Corporation; Notice of Intent To 
Prepare an Environmental Assessment for the CNG Lease Expansion Project 
and Request for Comments on Environmental Issues

January 22, 1999.
    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 CNG Lease Expansion Project 
involving construction and operation of the facilities by Texas Eastern 
Transmission Corporation (Texas Eastern) in Westmoreland and Juniata 
Counties, Pennsylvania.\1\ These facilities would consist of about 3.98 
miles of 36-inch-diameter loop, aboveground facilities to connect the 
loop to an adjacent existing pipeline; and modifications at an existing 
compressor station. This EA will be used by the Commission in its 
decision-making process to determine whether the project is in the 
public convenience and necessity. The application and other 
supplemental filings in this docket are available for viewing on the 
FERC Internet website (www.ferc.fed.us). Click on the ``RIMS'' link, 
select ``Docket #'' from the RIMS Menu, and follow the instructions.
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    \1\ Texas Eastern's application was filed with the Commission 
under Section 7 of the Natural Gas Act and Part 157 of the 
Commission's regulations.
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    Similarly, the ``CIPS'' link on the FERC Internet website provides 
access to the texts of formal documents issued by the Commission, such 
as order, notices, and rulemakings. From the FERC Internet website, 
click on the ``CIPS'' link, select ``Docket #'' from the CIPS menu, and 
follow the instructions.
    If you are a landowner receiving 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 addressing a number of typically asked 
questions, including the use of eminent domain, is attached to this 
notice 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 from the 
Commission's Public Reference and Files Maintenance Branch, 888 
First Street, N.E., Washington, D.C. 20426, or call (202) 208-1371. 
Copies of the appendices were sent to all those receiving this 
notice in the mail.
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Summary of the Proposed Project

    Texas Eastern wants to amend its certificate to change the 
facilities necessary to provide CNG Transmission Corporation (CNG) 
leased capacity in the CNG Lease Expansion Project. The facilities 
would provide up to 19,500 decatherms per day (Dth/d) of leased 
capacity to CNG. In addition, the facilities would provide up to 50,000 
Dth/d of capacity on Texas Eastern's Penn-Jersey System. Texas Eastern 
seeks authority to:
     Construct 3.98 miles of 36-inch-diameter loop downstream 
of the Delmont Compressor Station from milepost (MP) 2.90 to MP 6.88 
and aboveground facilities to connect the loop to the adjacent existing 
pipeline facilities in Westmoreland County, Pennsylvania; and
     Construct a 30-inch suction valve; remove a 12-inch valve; 
and install remote control capability on another 12-inch valve at its 
Perulack Compressor Station in Juniata County, Pennsylvania.
    The location of the project facilities is shown in appendix 2.

Land Requirements for Construction

    Construction of the proposed facilities would require about 29.9 
acres of land. Following construction, about 12.1 acres would be 
maintained as new permanent right-of-way (ROW) and new aboveground 
facility sites. The remaining 17.8 acres of land would be restored and 
allowed to revert to its former use.

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 
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 EA 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 EA. All comments received 
are considered during the preparation of the EA. 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.
    The EA will discuss impacts that could occur as a result of the 
construction and operation of the proposed project under these general 
headings:
     Geology and soils
     Water resources, fisheries, and wetlands
     Vegetation and wildlife
     Endangered and threatened species
     Public safety
     Land use
     Cultutal resources
     Air quality and noise
     Hazardous waste
    We will also evaluate possible alternatives to the proposed project 
or portions of the project, and make recommendation on how to lessen or 
avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending 
on the comments received during the scoping process, the EA may be 
published and mailed to Federal, state, and local agencies, public 
interests groups, interested individuals, affected landowners, 
newspapers, libraries, and the Commission's official service list for 
this proceeding. A comment period will be allotted for review if the EA 
is published. We will consider all

[[Page 4411]]

comments on the EA before we make our recommendations to the 
Commission.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section on page 4 of this 
notice.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the proposed facilities and 
the environmental information provided by Texas Eastern. This 
preliminary list of issues may be changed based on your comments and 
our analysis.
     Three streams would be crossed.
     Sixteen wetlands would be affected.
     About 43 percent of the land that would be affected by the 
project is forested.
     One residence would be located within 36 feet of the 
construction ROW near MP 3.71.
     The project would cross about 0.13 mile of land owned by 
the U.S. Army Corps of Engineers.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. By becoming a commentor, your 
concerns will be addressed in the EA 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 St., N.E., 
Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the 
Environmental Review and Compliance Branch, PR-11.2;
     Reference Docket No. CP96-606-001; and
     Mail your comments so that they will be received in 
Washington, DC on or before February 22, 1999.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want 
to become an official party to the proceeding known as 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 3). Only intervenors have the 
right to seek rehearing of the Commission's decision.
    The date for filing timely motions to intervene in this proceeding 
has passed. Therefore, parties now 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.
    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 ``RIMS'' 
link to information in this docket number. For assistance with access 
to RIMS, the RIMS helpline can be reached at (202) 208-2222. Access to 
the texts of formal documents issued by the Commission with regard to 
this docket, such as orders and notices, is also available on the FERC 
website using the ``CIPS'' link. For assistance with access to CIPS, 
the CIPS helpline can be reached at (202) 208-2474.
David P. Boergers,
Secretary.
[FR Doc. 99-1955 Filed 1-27-99; 8:45 am]
BILLING 6717-01-M