Texas Eastern Transmission Corporation; Notice of Intent To Prepare an Environmental Assessment for the Proposed Ironwood Lateral and Request for Comments on Environmental Issues

Federal RegisterNov 8, 1999

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP99-621-000]

Texas Eastern Transmission Corporation; Notice of Intent To

Prepare an Environmental Assessment for the Proposed Ironwood Lateral

and Request for Comments on Environmental Issues

November 2, 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 Ironwood Lateral involving

construction and operation of facilities by Texas Eastern Transmission

Corporation (Texas Eastern) in Lebanon County, Pennsylvania.\1\ These

facilities would consist of about 3.6 miles of 16-inch-diameter

pipeline, one meter station and dual 12-inch hot taps. 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.

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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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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 expand the capacity of its facilities in

Pennsylvania to transport an additional 12,000 million British thermal

units per day of natural gas to an electric cogenerating facility.

Texas Eastern seeks authority to construct and operate:

Approximately 3.6 miles of 16-inch-diameter pipeline in

Lebanon County, Pennsylvania;

One meter station in Lebanon County, Pennsylvania, and

Dual 12-inch hot taps in Lebanon County, Pennsylvania.

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

Land Requirements for Construction

Construction of the proposed facilities would require about 37.2

acres of land. Following construction, about 0.3 acre would be

maintained as a new aboveground facility site. The remaining 36.9 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

Land use

Cultural resources

Vegetation and wildlife

Endangered and threatened species

Public safety

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 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 beginning on page 4.

Curently 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.

The project would cross one perennial waterbody,

Tulpehocken Creek. This creek was designated as part of the

Pennsylvania Scenic Rivers Program in December 1992.

A total of 23.2 acres of agricultural land would be

impacted.

The proposed project would cross the Union Canal which is

eligible for listing in the National Register of Historic Places.

Also, we have made a preliminary decision to not address the

impacts of the nonjurisdictional facilities. We will briefly describe

their location and status in the EA.

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

[[Page 60811]]

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. CP99-621-000; and

Mail your comments so that they will be received in

Washington, DC on or before November 29, 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 intervernor 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. Click on

the ``RIMS'' link, select ``Docket #'' from the RIMS Menu, and follow

the instructions. For assistance with access to RIMS, the RIMS helpline

can be reached at (202) 208-2222.

Similarly, the ``CIPS'' link on the FERC Internet website provides

access to the texts of formal documents issued by the Commission, such

as orders, notices, and rulemakings. From the FERC Internet website,

click on the ``CIPS'' link, select ``Docket #'' from the CIPS menu, and

follow the instructions. For assistance with access to CIPS, the CIPS

helpline can be reached at (202) 208-2474.

David P. Boergers,

Secretary.

[FR Doc. 99-29127 Filed 11-5-99; 8:45 am]

BILLING CODE 6717-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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