[Federal Register Volume 63, Number 49 (Friday, March 13, 1998)]
[Notices]
[Pages 12459-12463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6524]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP97-315-001, CP97-319-000, CP98-200-000]


Independence Pipeline Company, ANR Pipeline Company, National 
Fuel Gas Supply Corporation; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Independence Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings and Site Visit

March 9, 1998.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an

[[Page 12460]]

Environmental Impact Statement (EIS) that will discuss the 
environmental impacts of the construction and operation of 
approximately 473 miles of natural gas transmission pipeline, three new 
and three modified compressor stations, metering and delivering 
facilities, other appurtenant facilities, and abandonment of 
approximately 39 miles of pipeline proposed in the Independence 
Pipeline Project.\1\ This EIS 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\ Independence Pipeline Company, ANR Pipeline Company, and 
National Fuel Gas Supply Corporation's applications were 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 whose property will be crossed by the 
proposed project, 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 may 
seek to negotiate a mutually acceptable agreement relative to land use 
and access. However, if the project is approved by the Commission, the 
pipeline has the right to us eminent domain. Therefore, if negotiations 
fail to produce an agreement between the pipeline company and 
landowner, 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.

Summary of the Proposed Project

    Independence Pipeline Company (Independence) wants to build new 
natural gas pipeline transmission facilities in Ohio and Pennsylvania. 
The facilities would provide transportation services to shippers 
seeking to transport natural gas principally from expansion projects 
destined for the Chicago, Illinois area to the Leidy, Pennsylvania Hub, 
thereby facilitating access to gas markets in Ohio, Pennsylvania, and 
throughout the Eastern United States. The proposed facilities would 
have a summer design delivery capacity of 916.3 thousand cubic feet per 
day (Mcf/d) and a winter design delivery capacity of 1.0 million cubic 
feet per day (MMcf/d). Independence requests Commission authorization, 
in Docket Nos. CP97-315-000, CP97-315-001, CP97-320-000, and CP97-321-
000 to construct and operate the following facilities:
     400.4 miles of 36-inch-diameter pipeline in Defiance, 
Henry, Wood, Seneca, Huron, Ashland, Wayne, Stark, Summit, and 
Columbian Counties, Ohio, and Lawrence, Butler, Armstrong, Clarion, 
Jefferson, Elk, Forest, McLean, Cameron, Potter, and Clinton Counties, 
Pennsylvania. Of the 400.4 miles of pipeline, about 220.9 miles would 
be in Ohio and 179.5 miles would be in Pennsylvania.
     Three new compressor stations with a total of 60,000 
horsepower (hp) of compression:

--East Defiance Compression Station (30,000 hp) in Defiance County, 
Ohio.
--Cannan Compression Station (15,000 hp) in Wayne County, Ohio.
--Porter Compression Station (15,000 hp) in Clarion County, 
Pennsylvania.

     One pig launcher and receiver located at the proposed 
Canaan and Porter Compressor Stations.
     Three new meter stations located in Defiance County, Ohio, 
and Elk and Clinton Counties, Pennsylvania.
     Other associated aboveground facilities, including six 
taps in Wood (1), Ashland (1), Wayne (2), and Columbiana (1) Counties, 
Ohio and Lawrence County, Pennsylvania (1).
     A total of 28 mainline block valves, 16 located in the 
following counties in Ohio: Defiance (1), Henry (1), Wood (2), Seneca 
(2), Huron (2), Ashland (1), Wayne (2), Summit (1), Stark (2), and 
Columbiana (2); and 12 located in the following counties in 
Pennsylvania: Lawrence (2), Butler (1), Armstrong (1), Clarion (1), 
Jefferson (2), Elk (1), McKean (1), Cameron (1), Potter (1) and Clinton 
(1).
    ANR Pipeline Company (ANR) wants to expand its existing Michigan 
Leg South and Tieline facilities to provide incremental transportation 
between Joliet, Illinois and Defiance, Ohio. This would allow ANR's 
existing Northern Zone to become an economical link between the Chicago 
Hub and Independence's proposed pipeline facilities. ANR's proposed 
facilities would have a design delivery capacity of 750 MMcf/d. ANR 
requests Commission authorization, in Docket No. CP97-319-000, to 
construct and operate the following facilities:
     72.4 miles of 42- and 30-inch-diameter pipeline loop 
extending from Joliet, Illinois to Defiance, Ohio:

--Joliet Loop--15.9 miles of 42-inch-diameter pipeline in Kendall and 
Will Counties, Illinois.
--St. John West Loop--5.5 miles of 42-inch-diameter pipeline in Will 
County Illinois and Lake County, Indiana.
--St. John East Loop--20.9 miles of 42-inch-diameter pipeline in Lake 
and Porter Counties, Indiana.
--Bridgman Loop--16.0 miles of 30-inch-diameter pipeline in Berrien 
County, Michigan.
--Defiance Loop--14.1 miles of 30-inch-diameter pipeline in Defiance 
County, Ohio.

     15,000 hp additional compression at the existing Bridgman 
Compressor Station in Berrien County, Michigan, and Modifications not 
involving compression change at the existing Lagrange Compressor 
Station in Lagrange County, Indiana and Defiance Compressor Station in 
Defiance County, Ohio.
     Associated aboveground facilities, including the 
installation of pig receivers at the St. John and Defiance Compressor 
Stations, and at the end of the Bridgman Loop facilities in Berrien 
County, Michigan. Also, new pig launchers would be installed at the St. 
John and Bridgman Compressor Stations, at the beginning of the Joliet 
Loop in Kendall County, Illinois, and on the Defiance Loop in Defiance 
County, Ohio.
    National Fuel Gas Supply Corporation (National Fuel) wants to 
abandon, primarily by removal, three contiguous sections of its 
existing natural gas pipeline facilities in Pennsylvania to facilitate 
construction of Independence's proposed pipeline in that area. National 
Fuel would also make minor changes to its remaining facilities in that 
area to maintain service to existing customers. National Fuel requests 
Commission authorization, in Docket No. CP98-200-000, to:
     Abandon by removal 13.3 miles of its 12-inch-diameter Line 
K, from Eshbaugh to Eldred in Clarion and Jefferson Counties, 
Pennsylvania.
     Abandon by removal 8.6 miles of its 12-inch-diameter Line 
C and 22-inch-diameter Line K-197, from Eldred to Overbeck in Jefferson 
County, Pennsylvania.
     Abandon by removal 17.4 miles of its 12-inch-diameter Line 
C and 22-inch-diameter Line K-197, from Overbeck to Lamont in 
Jefferson, Elk and Forest, Counties, Pennsylvania.
     Relocate taps, regulator stations, and inlet piping from 
Line C to Line K, and install gas heaters and pipeline jumpers, in 
Jefferson and Elk Counties, Pennsylvania.
     Perform an automation upgrade at its existing Knox 
Compressor Station in Jefferson County, Pennsylvania.
    A general location map of the project facilities is shown in 
appendix 2.

Land Requirements for Construction

    Construction of Independence's proposed facilities would affect a 
total of about 3,702 acres. Of this total, about

[[Page 12461]]

3,640 acres would be disturbed by construction of the pipeline. The 
remaining 62 acres would be disturbed by construction and operation of 
the three compressor stations and two meter stations. Mainline valves 
would be built within or adjacent to Independence's permanent right-of-
way. Extra work areas would be needed for pipe installation at roads, 
railroads, waterbody and wetland crossings, additional topsoil storage, 
pipe and equipment yards, and access roads. Approximately 209.7 miles 
(52 percent) of the new pipeline would be installed adjacent to or 
within existing rights-of-way. Independence would generally use a 75- 
to 100-foot-wide construction right-of-way. Following construction and 
restoration of the right-of-way and temporary work spaces, Independence 
would retain a 50-foot-wide permanent pipeline right-of-way. Existing 
land uses on the remainder of the disturbed areas, as well as most land 
uses on the permanent right-of-way, would be allowed to continue 
following construction. Total land requirements for the permanent 
right-of-way would be about 2,426 acres.
    Construciton of ANR's proposed facilities would affect a total of 
about 1,222 acres. Of this total, about 1,124 acres would be disturbed 
by construction of the pipeline loops. The remaining 98 acres would be 
disturbed by extra work areas, contractor yards, and access roads. 
Approximately 63.7 miles (88 percent) of the new pipelines loops would 
be installed adjacent and parallel to the existing mainline. ANR would 
deviate from existing mainline in several locations to avoid 
environmental or engineering constraints. Construction of the pipeline 
loops would require a 75- to 145-foot-wide construction right-of-way. 
ANR would retain a 35- to 50-foot-wide permanent pipeline right-of-way. 
Existing land uses on the remainder of the disturbed areas, as well as 
most land uses on the permanent right-of-way, would be allowed to 
continue following construction. Total land requirements for the 
permanent right-of-way would be about 291 acres.
    Removal of National Fuel's Lines K, C, and K-197, and modifications 
to its existing taps and regulator stations would be entirely within 
National Fuel's existing rights-of-way, and entirely within the 
construction work areas that would be affected by construction of the 
Independence Pipeline. National Fuel's proposed facilities would affect 
a total of about 319 acres.

The EIS 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. The EIS we are 
preparing will give the Commission the information to do that. NEPA 
also requires us to discover and address concerns the public may have 
about the proposals. We call this ``scoping''. The main goal of the 
scoping process is to focus the analysis in the EIS 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 EIS. 
All comments received are considered during the preparation of the EIS. 
We encourage state and local government representatives to notify their 
constituents of this proposed action and encourage them to comment on 
their areas of concern. Local agencies are requested to provide 
information on other projects, either ongoing or planned, which might 
conflict with, or have cumulative effects when considered in 
combination with, the Independence Pipeline Project.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section on pages 8 and 9 of 
this Notice.

Currently Identified Environmental Issues

    We have identified a number of issues based upon our preliminary 
review of the proposed facilities, the environmental information 
provided by Independence, ANR, National Fuel, and interested parties. 
Some of these issues are listed below. Keep in mind that this is a 
preliminary list, and is not a complete list of site-specific issues. 
We may add to, subtract from, or change the list of issues based on 
your comments and our analysis.
     Geology and Soils:

--Temporary and permanent impact on prime farmland soils.
--Mixing of topsoil and subsoil during construction.
--Crossing of agricultural drainage systems.
--Compaction of soil by heavy equipment.
--Crossing of reclaimed and operating strip mines and abandoned deep 
coal mines.
--Crossing of East Ohio Gas Company Storage Fields.
--Effect of blasting during trench excavation.
--Erosion control and restoration of the right-of-way.

     Water Resources:

--Crossing of 786 perennial and intermittent waterbodies.
--Crossing of 7 perennial waterbodies over 100 feet wide, including Des 
Plain, St. Joseph, Dowagiac, Allegheny, and Clarion Rivers, and 
Slippery Rock and Kettle Creeks.
--Effect on water supplies, including 57 private wells within 150 feet 
of the construction work area.
--Potentially contaminated sediments at waterbody crossings, including 
Middle Fork of Little Beaver Creek in Columbiana County, Ohio.

     Vegetation and Wildlife:

--Crossing of 135 acres of wetlands (totaling 13.7 miles).
--Clearing of about 1,290 acres of forest (totaling 169.6 miles) and 
removal of stumps, timber, and slash.
--Effect of construction on wildlife and fisheries habitat.
--Effect on federally listed endangered and threatened species, 
including bald eagle, Indiana bat, copper-belly watersnake, clubshell 
mussel, northern riffleshell mussel, northern monkshood, purple cats 
paw, and eastern prairie fringed orchid.

     Cultural Resources:

--Impact on historic and prehistoric sites.
--Native American and tribal concerns.

     Land Use:

--Use of eminent domain to acquire rights-of-way.
--Impact on crop production.
--Proximity to schools and residential developments.
--Effect on 45 residences within 50 feet of the construction work area.
--Crossings of septic fields and drains.
--Effect on local roads.
--Crossing of scenic highways, including State Routes 424 and 65 in 
Ohio.
--Effect on Canton-Akron regional airport, Summit County, Ohio, and 
Willard Airport, Huron County, Ohio.
--Control of unauthorized access to rights-of-way.

     Recreation and Public Interest Areas:

--Crossing of hiking trails, including the North Country National Trail 
System in Ohio and Pennsylvania, and the Buckeye Trail in Ohio.
--Crossing of the Allegheny National Forest in Pennsylvania.
--Crossing of the Allegheny National Forest in Pennsylvania.
--Crossing of Illinois and Michigan Canal in Illinois; Independence Dam 
State Park in Ohio; Clear Creek, McConnell' Mill, and Elk State Parks 
in Pennsylvania; and Elk, Sproul, and

[[Page 12462]]

Susquehannock State Forests in Pennsylvania.
--Crossing of Channahon Community Park in Illinois, Plum Grove Reserve 
in Illinois/Indiana, Deep River County Park in Indiana, and F.H. 
Dutlinger Preserve in Pennsylvania.
--Crossing of one river included on the National Wild and Scenic River 
System (Little Beaver Creek, in Columbiana County, Ohio).
--Crossing of state designated or proposed wild, scenic, and 
recreational rivers, including Maumee and Sandusky Rivers in Ohio, and 
Allegheny and Clarion Rivers and Slippery Rock and Kettle Creeks in 
Pennsylvania.

     Socioeconomics:

--Impact on property values.
--Effect of construction workforce on demands for services in 
surrounding areas.

     Air Quality and Noise:

--Impact on local air quality during construction, and regional air 
quality during operation, of pipelines and compressor stations.
--Noise impact on nearby areas from construction and operation of 
pipelines and compressor stations.

     Reliability and Safety:

--Assessment of hazards associated with national gas pipelines, 
including placement in vicinity of schools and residential 
developments.

     Cumulative Impact:

--Assessment of the combined effect of the proposed project with other 
projects which have been or may be proposed in the same region and 
similar time frame.

    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. A number of 
alternatives have been identified to date, both in filings made by the 
applicants and in comments received. We will evaluate all feasible 
alternatives identified.
    Our independent analysis of the issues will be in a Draft EIS which 
will be mailed to Federal, state, and local agencies, public interest 
groups, interested individuals, affected landowners, newspapers, 
libraries, and the Commission's official service list for these 
proceedings. A 45-day comment period will be allotted for review of the 
Draft EIS. We will consider all comments on the Draft EIS and revise 
the document, as necessary, before issuing a Final EIS. The Final EIS 
will treat all comments received on the Draft EIS.

Public Participation and Scoping Meetings

    You can make a difference by your specific comments or concerns 
about the project. By becoming a commentor, your concerns will be 
addressed in the EIS and considered by the Commission. You should focus 
on the potential environmental effects of the proposal, alternatives to 
the proposal (including alternative routes or compressor station 
sties), and measures to avoid or lessen environmental impact. The more 
specific your comments, the more useful they will be. Please follow the 
instructions below to ensure that your comments are received and 
properly recorded:
     Reference Docket Nos. CP97-315-001, CP97-319-000. and 
CP98-200-000.
     Send two copies of your comments to: David P. Boergers, 
Acting Secretary, Federal Energy Regulatory Commission, 888 First St., 
NE., Washington, DC 20426;
     Label one copy for the attention of the Environmental 
Review and Compliance Branch, PR-11.1.
     Please mail your comments so that they will be received in 
Washington, DC on or before April 29, 1998.
    In addition to or in lieu of sending written comments, you are 
invited to attend one or more of the six public scoping meetings being 
held in the project area. An additional meeting(s) may be held in July 
or August. Meetings will be held at the following times and locations:

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             Date                          Time                                   Location                      
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Tuesday, April 7, 1998........  7:00 p.m..................  Joliet Central High School, Little Theatre, Corner  
                                                             of Van Buren and Herkimer, (815) 727-6743, Joliet, 
                                                             Illinois 60432.                                    
Wednesday, April 8, 1998......  7:00 p.m..................  Buchanan High School Auditorium, 401 W. Chicago,    
                                                             (616) 695-8403, Buchanan, Michigan 49107.          
Monday, April 20, 1998........  7:00 p.m..................  Tiffin Columbian High School Auditorium, 300 South  
                                                             Monroe Street, (419) 447-6331, Tiffin, Ohio 44883. 
Tuesday, April 21, 1998.......  7:00 p.m..................  Hoover High School, Hoover Hall, 525 Seventh Street,
                                                             NE, (330) 497-5600, North Canton, Ohio 44720.      
Wednesday, April 22, 1998.....  7:00 p.m..................  Butler Intermediate High School Auditorium, 551     
                                                             Fairground Hill Road, (724) 287-8721, Butler,      
                                                             Pennsylvania 16001.                                
Thursday, April 23, 1998......  7:00 p.m..................  Royal Inn, US Route 219 Boot Jack Road, (814) 773-  
                                                             3153, Ridgeway, Pennsylvania 15853.                
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    The purpose of the scoping meetings is to obtain input from state 
and local governments and from the public. Federal agencies have formal 
channels for input into the Federal process (including separate meeting 
where appropriate). Federal agencies are expected to file their written 
comments directly with the FERC and not use the scoping meetings for 
this purpose.
    Independence, ANR, and National Fuel will be invited to present a 
description of their proposals. Interested groups and individuals are 
encouraged to attend the meetings and present oral comments on the 
environmental issues which they believe should be addressed in the 
Draft EIS. A transcript will be made of the meetings and will be made 
part of the Commission's record in this proceeding. Written comments 
and oral comments will be treated equally in our review.
    We are asking a number of Federal agencies to indicate whether they 
wish to cooperate with us in the preparation of the EIS. These agencies 
may choose to participate once they have evaluated each proposal 
relative to their agencies' responsibilities. The list of agencies is 
provided in appendix 3.\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, NE., Washington, DC 20426, Room 2A or call (202) 208-
1371. Copies of the appendices were sent to all those receiving this 
notice in the mail.
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    On the above dates we will also be conducting limited site visits 
to the project area in the vicinity of each scoping meeting location. 
Anyone interested in participating in the site visit may contact the 
Commission's Office of External Affairs, identified at

[[Page 12463]]

the end of this notice, for more details and must provide their own 
transportation.

Becoming an Intervenor

    In addition to involvement in the EIS 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 copy to all other parties 
on the Commission's service lists for these proceedings. 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 4). 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, having ended February 23, 1998. 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. However, you do not need intervenor status to have your 
comments considered.

Environmental Mailing List

    Anyone offering scoping comments will be automatically kept on our 
environmental mailing list for the project. If you do not want to offer 
comments at this time but still want to keep informed and receive 
copies of the Draft and Final EISs, please return the Environmental 
Mailing List Information (appendix 5). If you do not return the card 
you will be taken off the mailing list.
    Additional information about the proposed project is available from 
Paul McKee in the Commission's Office of External Affairs at (202) 208-
1088.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-6524 Filed 3-12-98; 8:45 am]
BILLING CODE 6717-01-M