CNG Transmission Corporation; Notice of Intent To Prepare an Environmental Assessment for the Proposed North Summit Pipeline Extension Project and Request for Comments on Environmental Issues

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP99-96-000]

CNG Transmission Corporation; Notice of Intent To Prepare an

Environmental Assessment for the Proposed North Summit Pipeline

Extension Project and Request for Comments on Environmental Issues

December 31, 1998.

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 construction and operation of

the facilities, about 3.5 miles of 8-inch-diameter pipeline and

appurtenances, proposed in the North Summit Pipeline Extension

Project.1 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\ CNG Transmission Corporation'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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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

CNG Transmission Corporation (CNG) wants to facilitate the recovery

of injected storage gas that migrated to an undeveloped portion of its

North Summit Storage Complex in Fayette County, Pennsylvania. CNG seeks

authority to:

Convert two observation wells (UW-204 and UW-207) to

storage wells;

Replace 0.4 mile of 6-inch-diameter pipeline with an equal

length of 8-inch-diameter pipeline (Line No. UP-1);

Install 2.4 miles of 8-inch-diameter pipeline (Line No.

UP-24);

Install 0.7 mile of 8-inch-diameter pipeline (Line No. UP-

25); and

Install tie-in facilities to Well Nos. UW-204 and UW-207

including a meter, step-ladder drip, separator, fiberglass holding

tank, alcohol dropper, valves, a pig launcher and receiver, and other

appurtenances.

The location of the project facilities is shown in appendix 2.

Land Requirements for Construction

Construction of the proposed facilities would require about 29.8

acres of land. Following construction, about 20.8 acres would be

maintained as new permanent right-of-way and about 0.7 acre as new

aboveground facility sites. The remaining 8.3 acres of land would be

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

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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.

Cultural resources.

Air quality and noise.

Hazardous waste.

We will also evaluate possible alternatives to the proposed project

or portions of the project, and make recommendations 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

interest 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 comment 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 CNG, the Pennsylvania Fish &

Boat Commission, and the Pennsylvania Game Commission. This preliminary

list of issues may be changed based on your comments and our analysis.

Three state protected or rare species are known in the

vicinity of the proposed project area.

A total of 18.5 acres of upland forested land on the

Forbes State Forest would be cleared by the proposed project.

The proposed project activities may adversely impact 2.4

acres on State Game Lands No. 138.

Public Participation

You can make a difference by providing us with your specific

comments or concerns about the project. By becoming a commenter, 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-11.1;

Reference Docket No. CP-99-96-000; and

Mail your comments so that they will be received in

Washington, DC on or before February 4, 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 coy 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 385.24(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.

Linwood A. Watson, Jr.,

Acting Secretary.

Appendix 1

AN INTERSTATE NATURAL GAS PIPELINE ON MY LAND? WHAT DO I NEED TO

KNOW?

Prepared by the Federal Energy Regulatory Commission for Your

Information

The Federal Energy Regulatory Commission is charged by Congress

with determining whether any proposed interstate pipeline project is

the public interest. Part of that determination may affect you if

your land is where a natural gas pipeline might be located. We want

you to know:

How the Commission's procedures work;

What rights you have;

How the location of a pipeline is decided; and

What safety and environmental issues might be involved.

Background

The Commission approves the location and construction of

interstate pipelines that move natural gas across state boundaries.

These pipelines crisscross the United States, moving nearly a

quarter of the nation's energy long distances to markets in 48

states. They are vital to the economy.

If your land is on a proposed pipeline route, you will probably

first learn of this from the company concerned. Once a company files

an application for a certificate to build a pipeline project and the

Commission prepares to undertake environmental studies of a

significant construction project, local media will be notified and

public meetings will be scheduled. You will have an opportunity to

express your views and to have them considered. You will have the

opportunity to negotiated with the pipeline and to learn the views

of other interested parties. The Commission may approve the

pipeline, with our without modifications, or reject it. It it is

approved and you fail to reach an easement agreement with the

company, access to and compensation for use of your land will be set

by a court.

Understandibly, the location of pipeline raises urgent questions

for landowners. The Commission's process by which it assesses

pipeline applications is open and public, with regulations designed

to keep all parties informed. This being so, Commission employees

may not discuss the merits of pipeline applications with one party

without other parties being modified.

This brochure generally explains the Commission's certificate

process and addresses the basic concerns of landowners. The

Commission's Office of External Affairs at 202/208-1088 will be

happy to answer any further questions about the procedures involved.

Most Asked Questions

How the Process Begins

Q: How will I first hear about proposed pipeline construction?

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A: As indicated, you will probably first hear of the project

from the pipeline company as it prepares environmental studies

required for the Commission application.

Q: How can I obtain more details about the company's

application?

A: A copy of the company's application can be obtained for a

nominal copying charge from the Commission's Public Reference Room.

Call 202/208-1371 for details.

Q: This done, how do I participate?

A: There are two ways. If you want the Commission to consider

your views on the various environmental issues involved in the

location of the pipeline, you can do so by simply writing a letter.

The Commission undertakes several levels of environmental analysis.

You may comment at any stage in the process. Details are available

from the Commission's Office of External Affairs at 202/208-1088. By

becoming a commenter, your views will be considered and addressed in

the environmental documents or a final order. Additionally, you will

be placed on a mailing list to receive environmental documents in

the case.

Q: And the second way?

A: You may file to become what is known as an intervenor. This

is not complicated and gives you official rights and

responsibilities, but it is a more formal involvement and you will

be required to follow Commission regulations. You may obtain

instructions from the Office of External Affairs. As an intervenor,

you will receive Commission documents related to the case and

details about what other interested parties are saying. You will

also be able to file briefs, appear at hearings and be heard by the

courts if you choose to appeal the Commission's final ruling. You

must file for intervenor status within 21 days of our notice of the

pipeline's application, although this may be waived under certain

circumstances, such as the discovery of environmental concerns. But

as an intervenor, you will also be obligated to serve copies of what

you file with all the other parties. In major cases, there may be

hundreds of parties.

Key Issues Involving Location of the Project

Q: How is the pipeline route selected?

A: The pipeline company proposes the route, which is then

examined by the Commission. The applicant must study alternative

routes to avoid or minimize damage to the environment, and the

Commission or intervenors may suggest alternatives and

modifications. The effects on buildings, fences, crops, water

supplies, soil, vegetation, wildlife, air quality, noise, safety,

landowner interests, and more, are taken into consideration. The

Commission also considers whether the pipeline can be placed near an

existing pipeline, power line, highway or railroad right-of-way.

Q: How do pipelines obtain a right-of-way?

A: In the first instance, they negotiate with landowners who are

compensated for signing an easement document. They may be paid for

loss of the land during construction, loss of any other resources

and any damage to property. As indicated, if the Commission approves

the project and no agreement with the landowner is reached, the

pipeline may take the land under eminent domain (a right of a

government to take private land for public use) with a court

determining compensation under state law.

Q: How large is the right-of-way and how is it maintained?

A: Usually, it is 75 to 100 feet wide during construction. The

permanent site is about 50 feet wide. Routine vegetation maintenance

is done no more than once every three years. A ten-foot-wide

corridor, centered on the pipeline, may be maintained annually.

Q. Who pays taxes on the right-of-way?

A: The landowner pays taxes on the right-of-way unless a local

taxing authority grants relief. The pipeline simply has an easement

across a portion of the land.

Q. Must the company obey local, county and state laws and zoning

ordinances?

A: Generally, yes. If there is a conflict, however, the

Commission requirement stands.

Q: How close can I build to the pipeline?

A: Usually up to the edge of the right-of-way.

Q: What about bushes, trees, fences and so forth?

A: Deep-rooted trees may be removed from the right-of-way along

with other obstructions that prevent observation from aircraft

during maintenance. Otherwise, this is subject to negotiation as

long as pipeline maintenance and safety are not affected.

Q: How long will the right-of-way be there?

A: Part of it is temporary and will be restored immediately

after construction. The permanent right-of-way will remain until the

Commission determines it may be abandoned by the pipeline.

The Responsibilities of Gas Companies

Q: Must companies post bonds to guarantee performance?

A: No, but the Commission inspects the right-of-way during and

after construction to ensure that the terms of its certificate have

been met.

Q: Can the pipeline company come on my land without my

permission?

A: State or local trespass laws prevail. No federal statute is

involved until a certificate is issued.

Q: When can they start to build?

A: Construction cannot commence until the Commission issues a

certificate and the applicant accepts it. For most large pipelines,

the time from filing an application to approval ranges from one year

to two years. Once a certificate is issued, construction usually

starts within a few weeks of the company receiving any outstanding

environmental reviews and clearances.

Q: Why would the company approach me before the project is

approved?

A: Because of planning and lead time. A company must conduct

environmental studies before it files an application with the

Commission. If approval is ultimately denied, or the route changes,

the initial agreement with the landowner is usually void.

Q: Can the company place more than one pipeline on my property?

Can the pipeline and the easement be used for anything other than

natural gas?

A: This is subject to negotiation. The Commission grants a

certificate only for the proposed pipeline and related facilities in

the exact location described. The certificate is only for the

transportation of natural gas.

Q: How close can the pipeline be to other pipelines or utility

facilities?

A: Pipelines must be at least a foot from any underground

structure and between two and three feet below ground. Operators

usually want to be 25 feet from another pipeline. If space permits,

pipelines can be placed in another utility's right-of-way.

Q: Can I receive service from the pipeline?

A: No, not in most cases. Generally speaking, interstate

pipelines are long-distance transporters operating at pressures

different from those of your local distribution companies, which are

their customers.

Q: Can a pipeline be placed in a river or the ocean?

A: Yes, although this raises a number of separate environmental,

cost, design and safety issues.

Important Safety Issues

Q: Are pipelines safe?

A: Accidents are rare and usually result from unauthorized

action by a third party. The U.S. Department of Transportation (DOT)

enforces strict safety standards and requires safety checks.

Q: How soon after construction will the company restore the

land?

A: As soon as the trench is filled and weather permits.

Q: Does natural gas smell?

A: Natural gas is odorless. An artificial odor is generally

added for safety purposes in more populated areas on interstate

transmission pipelines and in local distribution pipelines in

accordance with DOT safety regulations.

Further Environmental Issues

Q: What if my property contains endangered species, wetlands, or

archaeological sites?

A: Endangered species must be protected from the effects of

pipeline construction and this could affect the location of the

pipeline. In the case of wetlands, if proper crossing procedues are

used and no alternatives are available, they may be used for a

pipeline right-of-way. If an archaeological site falls within

guidelines set by the national Register of Historic Places, it must

be excavated or the pipeline rerouted. Landowners usually are

permitted to keep any artifacts after they are properly studied.

Q: Environmental studies were mentioned earlier. How do they

work?

A: A notice of Intent to prepare an environmental assessment

(EA) or an Environmental Impact Statement (EIS) is issued for most

major proposals. It is sent to federal, state and local agencies,

local media and libraries, environmental groups, and, where the

Commission is able to identify them, the owners of any land that

would be crossed. Additionally, the Commission announces a schedule

of public meetings along the proposed route and seeks comments, to

be submitted within 30 days, from interested parties. After the

comment period, the Commission will prepare an EA or a Draft EIS

outlining its findings and recommendations. For major proposals,

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further comments are sought during 45 days allotted for review of a

Draft EIS or 30 days in the case of an EA. These comments are

addressed in the Final EIS or the final order granting or denying

the pipeline a certificate.

For additional information, contact: Federal Energy Regulatory

Commission, Office of External Affairs, 888 First Street, NE,

Washington, DC 20426, 202/208-1088.

[FR Doc. 99-255 Filed 1-5-99; 8:45 am]

BILLING CODE 6717-01-M