[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Pages 15838-15839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8510]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP96-153-004]


Southern Natural Gas Company; Notice of Intent to Prepare an 
Environmental Assessment for the Proposed Amended North Alabama 
Pipeline Project and Request for Comments on Environmental Issues

March 27, 1998.
    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 construction and operation of 
about 27.1 miles of 16- and 12-inch-diameter pipeline and two meter 
stations proposed in the Amended North Alabama Pipeline Project.\1\ 
This notice constitutes a scoping process and the comments received in 
response to this notice will be used to identify significant 
environmental issues including whether there is a need to prepare a 
supplemental environmental impact statement (supplemental EIS). The EA 
(or supplemental 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\Southern Natural Gas Company'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 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 use 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.

Background

    On May 30, 1997, the Commission issued a certificate in Docket Nos. 
CP96-153-000 and CP96-153-002 authorizing Southern Natural Gas Company 
(Southern) to construct about 109.5 miles of 16-inch-diameter pipeline, 
8.5 miles of 12-inch-diameter pipeline, two compressor units (4,700 
horsepower (HP) and 1,600 HP), and three meter stations subject to the 
conditions in the Order. The certificated route included a crossing of 
the Wheeler National Wildlife Refuge (Wheeler NWR) along the Triana 
Variation subject to the approval of the U.S. Fish and Wildlife Service 
(FWS). After the issuance of the certificate, the FWS determined that 
this route is not consistent with the FWS policy of issuing rights-of-
way only within existing corridors. On February 4, 1998, Southern filed 
an application with the Commission to change the northern end of the 
certificated route. The proposed amended 27.1-mile-long route follows 
existing corridors including Interstate 65 across the Wheeler NWR in 
the vicinity of the Tennessee River, a powerline right-of-way north of 
the river, and other rights-of-way.
    The EA will only cover the amended route of the pipeline from 
milepost (MP) 95.25 adjacent to Interstate 67 (about MP 91.2 on the 
previously certificated route) to the new Huntsville Meter Station, 
including the Decatur Lateral and Decatur Meter Station. There is no 
change in the facilities south of MP 95.25 and they will not be 
reexamined in the EA.

Summary of the Proposed Project

    Southern proposes to modify the certificated route of the North 
Alabama Pipeline in Alabama. Southern still proposes to deliver a total 
of 69,000 cubic feet per day of natural gas at the Decatur and 
Huntsville Meter Stations for Decatur Utilities, Huntsville Utilities 
Gas System, and Marshall County Gas District. The facilities that will 
be studied in the EA include:
     about 26.9 miles of 16-inch-diameter pipeline in Morgan, 
Limestone, and Madison Counties, Alabama;
     about 0.2 mile of 12-inch-diameter pipeline in Morgan 
County, Alabama;
     the Decatur Meter Station in Morgan County, Alabama; and
     The relocated Huntsville Meter Station in Madison County, 
Alabama.
    The detailed location of the facilities is shown in appendix 2.\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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[[Page 15839]]

Land Requirements for Construction

    Southern proposes to use a 70-foot-wide right-of-way in most areas; 
but a 90-foot-wide right-of-way would be used in agricultural areas to 
allow for topsoil segregation north of the Tennessee River. Southern 
proposes to maintain a 30- to 50-foot-wide permanent easement.
    Construction of the proposed facilities would use or disturb about 
260 acres of land. Following construction, about 125 acres would be 
maintained as permanent right-of-way for the pipelines and meter 
stations. The remaining 135 acres of land that was used for temporary 
construction right-of-way, extra work space, staging areas, and 
warehouse/storage yards would be restored and allowed to revert to its 
former use.

The Environmental 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 and 
to determine if a supplemental EIS is required. By this Notice of 
Intent, the Commission requests public comments on the scope of the 
issues it will address in the EA and if you believe a supplemental EIS 
is required the reasons for preparing one. All comments received are 
considered. 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.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section on page 5 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.
     Public safety.
     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. The EA 
will 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 of the 
EA. We will consider all comments on the EA before we make our 
recommendations to the Commission.

Currently Identified Environmental Issues

    We have identified several issues that we think deserve attention 
based on a preliminary review of the proposed facilities and the 
environmental information provided by Southern and interested parties. 
Keep in mind that this is a preliminary list and it may be changed 
based on your comments and our analysis:
     The crossing of Wheeler NWR between MP 110.9 and MP 113.6 
including the crossing of the Tennessee River.
     Disturbance of about 15 acres of forested wetlands, 
including the conversion of about 9 acres to scrub-shrub wetland.
     The conversion of about 21 acres of upland forest to 
herbaceous vegetation.
     Potential impact to six residences within 50 feet of the 
construction work area.
     Alternatives.

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 routes), 
and measures to avoid or lessen environmental impact. The more specific 
your comments, the more useful they will be. Please carefully follow 
the instructions below to ensure that your comments are received in 
time and properly recorded:
     Reference Docket No. CP96-153-004;
     Send two copies of your comments to: David P. Boergers, 
Acting 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; and
     Mail your comments so that they will be received in 
Washington, DC on or before April 27, 1998.
    If you do not want to send comments at this time but still want to 
remain on our mailing list, please return the form in appendix 3. If 
you do not comment or return the attached form, you will be dropped 
from the mailing list.

Becoming an Intervenor

    In addition to involvement in the environmental 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 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 4). Only intervenors have the right to seek 
rehearing of the Commission's decision. If you are an intervenor in the 
original application (Docket No. CP96-153-000), you are automatically 
an intervenor in the amended application. You do not need to refile.
    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.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-8510 Filed 3-31-98; 8:45 am]
BILLING CODE 6717-01-M