Federal Register, Volume 69 Issue 197 (Wednesday, October 13, 2004)

[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Notices]
[Pages 60854-60856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2586]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF04-16-000]

Empire State Pipeline; Notice of Environmental Review and Scoping
for the Empire Connector Project and Request for Comments on
Environmental Issues

October 4, 2004.
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of Empire State Pipeline's (Empire)
proposed Empire Connector Project (project) in New York. The proposed
facilities would consist of about 80 miles of 24-inch-diameter pipeline
extending from Empire's existing pipeline in Victor, New York, to an
interconnection with the Millennium Pipeline near Corning, New York;
and about 22,000 horsepower (hp) of compression at a new compressor
station on Empire's exiting pipeline in Oakfield, New York. The
Commission will use this EA in its decision-making process to determine
whether or not the project is in the public convenience and necessity.
The project is currently in the preliminary design stage. At this
time no formal application has been filed with the FERC. For this
project, the FERC staff is initiating its National Environmental Policy
Act (NEPA) review prior to receiving the application. This will allow
interested stakeholders to be involved early in project planning and to
identify and resolve issues before an application is filed with the
FERC. A docket number (PF04-16-000) has been established to place
information filed by Empire and related documents issued by the
Commission, into the public record.\1\ Once a formal application is
filed with the FERC, a new docket number will be established.
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\1\ To view information in the docket, follow the instructions
for using the eLibrary link at the end of this notice.
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This notice is being sent to landowners along the various pipeline
routes under consideration; Federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; and local libraries and newspapers.
With this notice, we \2\ are asking these and other Federal, state,
and local agencies with jurisdiction and/or special expertise with
respect to environmental issues to formally cooperate with us in the
preparation of the EA. These agencies may choose to participate once
they have evaluated the proposal relative to their responsibilities.
Agencies which would like to request cooperating status should follow
the instructions for filing comments described in appendix 2 of this
notice. We encourage government representatives to notify their
constituents of this planned project and encourage them to comment on
their areas of concern.
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\2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Office of Energy Projects.
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Some affected landowners may be contacted by a project
representative about the acquisition of an easement to construct,
operate, and maintain the proposed pipeline. If so, the company should
seek to negotiate a mutually acceptable agreement. In the event that
the project is certificated by the Commission, that approval conveys
the right of eminent domain for securing easements for the pipeline.
Therefore, if easement negotiations fail to produce an agreement, the
company could initiate condemnation proceedings in accordance with
state law.

Summary of the Proposed Project

Empire proposes to construct and operate about 80 miles of 24-inch-
diameter natural gas pipeline and related facilities to deliver up to
250,000 dekatherms per day (Dth/d) of natural gas from TransCanada
Pipelines, Ltd. to the Millennium Pipeline. The pipeline would be
constructed in Ontario, Yates, Schuyler, and Chemung Counties, New
York. Empire would construct the new 22,000 hp compressor station on
its existing pipeline in Genesee County, New York.
At this time, KeySpan Gas East Corporation (KeySpan) has executed a
precedent agreement for 150,000 Dth/d of the proposed transportation
capacity on Empire's system. KeySpan has requested that the proposed
facilities be available to provide the requested service by November 1,
2006. Therefore, Empire plans to file its certificate application in
March 2005 and states that it would need to receive authority for the
project by January 2006 in order to meet the requested in-service date.
A map depicting the preliminary pipeline route is provided in
appendix 1. \3\
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\3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Internet Web site (http://www.ferc.gov) Copies are
available on the Commission's Internet Web site (http://www.ferc.gov) at the ``eLibrary'' link or from the Commission's
Public Reference and Files Maintenance Branch at (202) 502-8371. For
instructions on connecting to eLibrary refer to the last page of
this notice.
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Land Requirements

Construction of the proposed facilities would require a total of
about 900 acres of land. Typically, pipeline construction would occur
within a nominal 75-foot-wide right-of-way. This width would be reduced
in forested areas to 65 feet and would be increased up to 100 feet in
agricultural areas where segregated topsoil would be stored and in
areas with rugged terrain which would require additional right-of-way
width for tiered construction or for extra workspace for spoil storage
or safety. The pipeline construction right-of-way would require about
815 acres of land plus about 5 acres of land for additional temporary
workspaces at road, railroad, waterbody and wetland crossings for
staging the crossing of these features. About 20 acres would be
required for construction of the compressor station and other
aboveground facilities. Empire anticipates needing to use about 15
miles of access roads during construction, affecting about 30 acres of
land. Most of these roads would be existing roads, but they may be
widened and/or lengthened and some may be new roads. Also, Empire would
need about 30 acres for use as contractor or pipe yards.

[[Page 60855]]

Following construction, about 500 acres would be maintained for
operation of the new facilities. About 480 acres would be required
along the permanent, 50-foot-wide pipeline right-of-way. About 10 acres
would be permanently required for the new compressor station and other
aboveground facility sites. Empire anticipates needing to use about 5
miles of the access roads used during construction as permanent access
road affecting about 10 acres. The remaining 400 acres of land would be
restored and allowed to revert to its former use.

The EA Process

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 issues and 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 and reasonable alternatives. By
this notice, we are requesting agency and public comments on the scope
of the issues to be analyzed and presented in the EA. All scoping
comments received will be considered during the preparation of the EA.
To ensure your comments are considered, please carefully follow the
instructions in the public participation section of this notice.
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.
Air quality and noise.
Public safety.

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 5.

Currently Identified Environmental Issues

We have identified several issues that we think deserve attention
based on a preliminary review of the planned facilities and the
environmental resources present in the project area. This preliminary
list of issues may be changed based information obtained during the
public participation period and on our continuing analysis:

Geology and Soils.

-- Assessment of construction and restoration on agricultural lands
and areas with a high water table.
-- Assessment of impacts related to blasting.

Water Resources.

-- Impact on water quality and aquatic species crossed by pipeline
facilities.
-- Impacts on water wells and groundwater.
-- Impacts on wetlands.

Fish, Wildlife, and Vegetation.

-- Effects on wildlife and fisheries.
-- Potential effects on essential fish habitat.

Endangered and Threatened Species.

-- Potential effects on federally-listed species.

Cultural Resources.

-- Assessment of cultural resources studies.
-- Native American and tribal concerns.

Land Use, Recreation and Special Interest Areas, and Visual
Resources.

-- Effects of construction and operation on existing land uses.
-- Effects of construction on residential properties.
-- Permanent land use alteration associated with site development.
-- Visual impacts associated with the new compressor station and
other above ground facilities.

Air Quality and Noise.

-- Effects on air quality and the noise environment from
construction and operation of the proposed facilities.

Reliability and Safety.

-- Safety and security of the compressor station and pipeline.

Our evaluation will also include possible alternatives to the
proposed project or portions of the project, and we will make
recommendations on how to lessen or avoid impacts on the various
resource areas of concern.

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
and routes), and measures to avoid or lessen environmental impact.
Empire has established a preliminary pipeline route for the project;
however, if minor reroutes or variations are required to avoid or
minimize impacts to certain features on your property, this is your
opportunity to assist us and Empire in identifying your specific areas
of concern. The more specific your comments, the more useful they will
be. Please carefully follow these instructions to ensure that your
comments are received 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 your comments for the attention of Gas
Branch 2; and
Reference Docket No. PF04-16-000 on the original and both
copies.

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 ``eFiling'' 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.''
If you do not want to send comments at this time but still want to
remain on our mailing list, please return the Mailing List Retention
Form included in Appendix 3.
The environmental staff of the FERC will conduct a site visit of
the proposed facility locations. Anyone interested in participating in
the field trip may attend, but they must provide their own
transportation. We will meet at the following locations at the
indicated dates and times:

[[Page 60856]]

Tuesday, October 19, 2004

8 a.m., Corning Museum of Glass, One Museum Way, Corning, New York.

Wednesday, October 20, 2004

8 a.m., Dresden Post Office parking lot, 60 Main St., Dresden, NY.

Please contact Empire's representative Vince Dick at (585) 321-4207
for directions to the locations of the beginning of the site visit.

Availability of Additional Information

Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208 FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the
``eLibrary'' link, select ``General Search'' from the eLibrary menu,
enter the selected date range and ``Docket Number'' (i.e., PF04-16-
000), and follow the instructions. Searches may also be done using the
phrase ``Empire'' in the ``Text Search'' field. For assistance with
access to eLibrary, the helpline can be reached at 1-866-208-3676, TTY
(202) 502-8659, or at [email protected]. The eLibrary link on
the FERC Internet Web site also provides access to the texts of formal
documents issued by the Commission, such as orders, notices, and rule
makings.
In addition, the Commission now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
[FR Doc. E4-2586 Filed 10-12-04; 8:45 am]
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