# Texas Eastern Transmission Corporation; Notice of Intent To Prepare an Environmental Assessment for the Proposed Ironwood Lateral and Request for Comments on Environmental Issues > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-29127 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** November 8, 1999 - **Citation:** 64 FR 60810 ## Text 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-29127. Public record. Not legal advice.