[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Notices]
[Pages 45110-45112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16967]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-383-000]


National Fuel Gas Supply Corporation; Notice of Intent To Prepare 
an Environmental Assessment for the Proposed National Fuel Replacement/
Abandonment Project and Request for Comments on Environmental Issues

July 1, 2002.
    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 National Fuel Replacement/
Abandonment Project involving construction and operation of facilities 
by National Fuel Gas Supply Corporation (National Fuel) in Allegany 
County, New York.\1\ These facilities would consist of replacement of 
about 5.44 miles of 10-inch-diameter steel pipeline (Line PY-10) and 
abandonment of 27.35 miles of Line PY-10. 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\ National Fuel'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 prepared by the FERC entitled ``An Interstate Natural 
Gas Facility On My Land? What Do I Need To Know?'' was attached to the 
project notice National Fuel provided to landowners. This fact sheet 
addresses a number of typically asked questions, including the use of 
eminent domain and how to participate in the Commission's proceedings. 
It is available for viewing on the FERC Internet website (http://www.ferc.gov).

Summary of the Proposed Project

    National Fuel seeks authority to:
     Replace 5.44 miles of 10-inch-diameter steel pipeline 
(Line PY-10)

[[Page 45111]]

with 8-inch-diameter plastic pipeline extending from Station No. CV-RM-
IT in the Town of Centerville, Allegany County, New York, to Station 
No. CE-RM-1T in the Town of Caneadea, Allegany County, New York; and
     Abandon 27.35 miles of Line PY-10 from Station CE-RM-2T in 
Caneadea, Allegany County, New York to Station AD-RM-11T in Andover, 
Allegany County, New York.
    National Fuel proposes to abandon this section of pipeline because 
of its age, condition of pipeline, changing gas markets, and the cost 
to replace certain deteriorated sections of this pipeline. This 
abandonment would remove 12 points of delivery from National Fuel to 
National Fuel Gas Distribution Corporation (NFC). NFC has consented to 
the abandonment of the delivery points.
    National Fuel states it would abandon Line PY-10 in place, except 
for those sections where the landowner specifically requests National 
Fuel to remove the pipeline.
    The general location of the project facilities is shown in 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 on the 
Commission's website at the ``RIMS'' link or from the Commission's 
Public Reference and Files Maintenance Branch, 888 First Street, 
N.E., Washington, D.C. 20426, or call (202) 208-1371. For 
instructions on connecting to RIMS refer to the last page of this 
notice. Copies of the appendices were sent to all those receiving 
this notice in the mail.
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Land Requirements for Construction

    Construction of the proposed facilities would require about 41.5 
acres of land. Following construction, about 33.0 acres would be 
maintained as permanent right-of-way of which 0.60 acre would be new 
permanent right-of-way. The remaining 8.5 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 
\3\ to discover and address concerns the public may have about 
proposals. This process is referred to as ``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.
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    \3\ ``We'', ``us'', ``our'' refer to the environmental staff of 
the Office of Energy Projects (OEP).
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    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
 Land use
 Cultural resources
 Hazardous waste
 Public safety
    We will not discuss impacts to the following resource areas since 
they are not present in the project area, or would not be affected by 
the proposed facilities:

 Air quality and noise

    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 below.

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 National Fuel. This 
preliminary list of issues may be changed based on your comments and 
our analysis.
     Two residences near mileposts 1.07 and 1.19 would be 
within 50 feet of the construction right-of-way for the replacement 
pipeline.
     The project has a potential to impact cultural resources.
     Five crossings of perennial streams are proposed for the 
replacement section of pipeline.
     Four wetlands would be crossed by the replacement section 
of the project: total impact 1.35 acres.

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 
locations/routes for the replacement), 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 an original and two copies of your letter to: Magalie 
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First 
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of (Gas 
Branch 2).
     Reference Docket No. CP02-383-000.
     Mail your comments so that they will be received in 
Washington, DC on or before July 31, 2002.
    Please note that we are continuing to experience delays in mail 
deliveries from the U.S. Postal Service. As a result, we will include 
all comments that we receive within a reasonable time frame in our 
environmental analysis of this project. However, the Commission 
encourages electronic filing of any comments or interventions or 
protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's web site at http://www.ferc.gov under 
the ``e-Filing'' link and the link to the User's Guide. Before you can 
file comments you will need to create a free account which can be 
created by clicking on ``Login to File'' and then ``New User Account.''

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

[[Page 45112]]

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 2).\4\ Only intervenors have the right to seek rehearing of 
the Commission's decision.
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    \4\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
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    Affected landowners and parties with environmental concerns may be 
granted intervenor status upon showing good cause by stating that they 
have a clear and direct interest in this proceeding which would not be 
adequately represented by any other parties. You do not need intervenor 
status to have your environmental comments considered.

Environmental Mailing List

    This notice is being sent to individuals, organizations, and 
government entities interested in and/or potentially affected by the 
proposed project. It is also being sent to all identified potential 
right-of-way grantors. By this notice we are also asking governmental 
agencies, especially those in appendix 3, to express their interest in 
becoming cooperating agencies for the preparation of the EA.

Additional Information

    Additional information about the proposed project is available from 
the Commission's Office of External Affairs at (202) 208-1088 (direct 
line) or you can call the FERC operator at 1-800-847-8885 and ask for 
External Affairs. Information is also available on the FERC website 
(http://www.ferc.gov) 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) 208-2222.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-16967 Filed 7-5-02; 8:45 am]
BILLING CODE 6717-01-P