[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Notices]
[Pages 873-876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-255]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP99-96-000]


CNG Transmission Corporation; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed North Summit Pipeline 
Extension Project and Request for Comments on Environmental Issues

December 31, 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 
the facilities, about 3.5 miles of 8-inch-diameter pipeline and 
appurtenances, proposed in the North Summit Pipeline Extension 
Project.1 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. The application and other 
supplemental filings in this docket are available for viewing on the 
FERC Internet website (www.ferc.fed.us). Click on the ``RIMS'' link, 
select ``Docket #'' from the RIMS Menu, and follow the instructions.
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    \1\ CNG Transmission Corporation'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 addressing a number of typically asked 
questions, including the use of eminent domain, is attached to this 
notice as 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 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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Summary of the Proposed Project

    CNG Transmission Corporation (CNG) wants to facilitate the recovery 
of injected storage gas that migrated to an undeveloped portion of its 
North Summit Storage Complex in Fayette County, Pennsylvania. CNG seeks 
authority to:
     Convert two observation wells (UW-204 and UW-207) to 
storage wells;
     Replace 0.4 mile of 6-inch-diameter pipeline with an equal 
length of 8-inch-diameter pipeline (Line No. UP-1);
     Install 2.4 miles of 8-inch-diameter pipeline (Line No. 
UP-24);
     Install 0.7 mile of 8-inch-diameter pipeline (Line No. UP-
25); and
     Install tie-in facilities to Well Nos. UW-204 and UW-207 
including a meter, step-ladder drip, separator, fiberglass holding 
tank, alcohol dropper, valves, a pig launcher and receiver, and other 
appurtenances.
    The location of the project facilities is shown in appendix 2.

Land Requirements for Construction

    Construction of the proposed facilities would require about 29.8 
acres of land. Following construction, about 20.8 acres would be 
maintained as new permanent right-of-way and about 0.7 acre as new 
aboveground facility sites. The remaining 8.3 acres of land would be 
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

[[Page 874]]

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.
     Vegetation and wildlife.
     Endangered and threatened species.
     Public safety.
     Land use.
     Cultural resources.
     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 comment 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 on page 4 of this 
notice.

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 CNG, the Pennsylvania Fish & 
Boat Commission, and the Pennsylvania Game Commission. This preliminary 
list of issues may be changed based on your comments and our analysis.
     Three state protected or rare species are known in the 
vicinity of the proposed project area.
     A total of 18.5 acres of upland forested land on the 
Forbes State Forest would be cleared by the proposed project.
     The proposed project activities may adversely impact 2.4 
acres on State Game Lands No. 138.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. By becoming a commenter, 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 
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-11.1;
     Reference Docket No. CP-99-96-000; and
     Mail your comments so that they will be received in 
Washington, DC on or before February 4, 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 intervenor must provide 14 copies of its filings to the 
Secretary of the Commission and must send a coy 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 385.24(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.
Linwood A. Watson, Jr.,
Acting Secretary.

Appendix 1

AN INTERSTATE NATURAL GAS PIPELINE ON MY LAND? WHAT DO I NEED TO 
KNOW?

Prepared by the Federal Energy Regulatory Commission for Your 
Information

    The Federal Energy Regulatory Commission is charged by Congress 
with determining whether any proposed interstate pipeline project is 
the public interest. Part of that determination may affect you if 
your land is where a natural gas pipeline might be located. We want 
you to know:
     How the Commission's procedures work;
     What rights you have;
     How the location of a pipeline is decided; and
     What safety and environmental issues might be involved.

Background

    The Commission approves the location and construction of 
interstate pipelines that move natural gas across state boundaries. 
These pipelines crisscross the United States, moving nearly a 
quarter of the nation's energy long distances to markets in 48 
states. They are vital to the economy.
    If your land is on a proposed pipeline route, you will probably 
first learn of this from the company concerned. Once a company files 
an application for a certificate to build a pipeline project and the 
Commission prepares to undertake environmental studies of a 
significant construction project, local media will be notified and 
public meetings will be scheduled. You will have an opportunity to 
express your views and to have them considered. You will have the 
opportunity to negotiated with the pipeline and to learn the views 
of other interested parties. The Commission may approve the 
pipeline, with our without modifications, or reject it. It it is 
approved and you fail to reach an easement agreement with the 
company, access to and compensation for use of your land will be set 
by a court.
    Understandibly, the location of pipeline raises urgent questions 
for landowners. The Commission's process by which it assesses 
pipeline applications is open and public, with regulations designed 
to keep all parties informed. This being so, Commission employees 
may not discuss the merits of pipeline applications with one party 
without other parties being modified.
    This brochure generally explains the Commission's certificate 
process and addresses the basic concerns of landowners. The 
Commission's Office of External Affairs at 202/208-1088 will be 
happy to answer any further questions about the procedures involved.

Most Asked Questions

How the Process Begins

    Q: How will I first hear about proposed pipeline construction?

[[Page 875]]

    A: As indicated, you will probably first hear of the project 
from the pipeline company as it prepares environmental studies 
required for the Commission application.
    Q: How can I obtain more details about the company's 
application?
    A: A copy of the company's application can be obtained for a 
nominal copying charge from the Commission's Public Reference Room. 
Call 202/208-1371 for details.
    Q: This done, how do I participate?
    A: There are two ways. If you want the Commission to consider 
your views on the various environmental issues involved in the 
location of the pipeline, you can do so by simply writing a letter. 
The Commission undertakes several levels of environmental analysis. 
You may comment at any stage in the process. Details are available 
from the Commission's Office of External Affairs at 202/208-1088. By 
becoming a commenter, your views will be considered and addressed in 
the environmental documents or a final order. Additionally, you will 
be placed on a mailing list to receive environmental documents in 
the case.
    Q: And the second way?
    A: You may file to become what is known as an intervenor. This 
is not complicated and gives you official rights and 
responsibilities, but it is a more formal involvement and you will 
be required to follow Commission regulations. You may obtain 
instructions from the Office of External Affairs. As an intervenor, 
you will receive Commission documents related to the case and 
details about what other interested parties are saying. You will 
also be able to file briefs, appear at hearings and be heard by the 
courts if you choose to appeal the Commission's final ruling. You 
must file for intervenor status within 21 days of our notice of the 
pipeline's application, although this may be waived under certain 
circumstances, such as the discovery of environmental concerns. But 
as an intervenor, you will also be obligated to serve copies of what 
you file with all the other parties. In major cases, there may be 
hundreds of parties.

Key Issues Involving Location of the Project

    Q: How is the pipeline route selected?
    A: The pipeline company proposes the route, which is then 
examined by the Commission. The applicant must study alternative 
routes to avoid or minimize damage to the environment, and the 
Commission or intervenors may suggest alternatives and 
modifications. The effects on buildings, fences, crops, water 
supplies, soil, vegetation, wildlife, air quality, noise, safety, 
landowner interests, and more, are taken into consideration. The 
Commission also considers whether the pipeline can be placed near an 
existing pipeline, power line, highway or railroad right-of-way.
    Q: How do pipelines obtain a right-of-way?
    A: In the first instance, they negotiate with landowners who are 
compensated for signing an easement document. They may be paid for 
loss of the land during construction, loss of any other resources 
and any damage to property. As indicated, if the Commission approves 
the project and no agreement with the landowner is reached, the 
pipeline may take the land under eminent domain (a right of a 
government to take private land for public use) with a court 
determining compensation under state law.
    Q: How large is the right-of-way and how is it maintained?
    A: Usually, it is 75 to 100 feet wide during construction. The 
permanent site is about 50 feet wide. Routine vegetation maintenance 
is done no more than once every three years. A ten-foot-wide 
corridor, centered on the pipeline, may be maintained annually.
    Q. Who pays taxes on the right-of-way?
    A: The landowner pays taxes on the right-of-way unless a local 
taxing authority grants relief. The pipeline simply has an easement 
across a portion of the land.
    Q. Must the company obey local, county and state laws and zoning 
ordinances?
    A: Generally, yes. If there is a conflict, however, the 
Commission requirement stands.
    Q: How close can I build to the pipeline?
    A: Usually up to the edge of the right-of-way.
    Q: What about bushes, trees, fences and so forth?
    A: Deep-rooted trees may be removed from the right-of-way along 
with other obstructions that prevent observation from aircraft 
during maintenance. Otherwise, this is subject to negotiation as 
long as pipeline maintenance and safety are not affected.
    Q: How long will the right-of-way be there?
    A: Part of it is temporary and will be restored immediately 
after construction. The permanent right-of-way will remain until the 
Commission determines it may be abandoned by the pipeline.

The Responsibilities of Gas Companies

    Q: Must companies post bonds to guarantee performance?
    A: No, but the Commission inspects the right-of-way during and 
after construction to ensure that the terms of its certificate have 
been met.
    Q: Can the pipeline company come on my land without my 
permission?
    A: State or local trespass laws prevail. No federal statute is 
involved until a certificate is issued.
    Q: When can they start to build?
    A: Construction cannot commence until the Commission issues a 
certificate and the applicant accepts it. For most large pipelines, 
the time from filing an application to approval ranges from one year 
to two years. Once a certificate is issued, construction usually 
starts within a few weeks of the company receiving any outstanding 
environmental reviews and clearances.
    Q: Why would the company approach me before the project is 
approved?
    A: Because of planning and lead time. A company must conduct 
environmental studies before it files an application with the 
Commission. If approval is ultimately denied, or the route changes, 
the initial agreement with the landowner is usually void.
    Q: Can the company place more than one pipeline on my property? 
Can the pipeline and the easement be used for anything other than 
natural gas?
    A: This is subject to negotiation. The Commission grants a 
certificate only for the proposed pipeline and related facilities in 
the exact location described. The certificate is only for the 
transportation of natural gas.
    Q: How close can the pipeline be to other pipelines or utility 
facilities?
    A: Pipelines must be at least a foot from any underground 
structure and between two and three feet below ground. Operators 
usually want to be 25 feet from another pipeline. If space permits, 
pipelines can be placed in another utility's right-of-way.
    Q: Can I receive service from the pipeline?
    A: No, not in most cases. Generally speaking, interstate 
pipelines are long-distance transporters operating at pressures 
different from those of your local distribution companies, which are 
their customers.
    Q: Can a pipeline be placed in a river or the ocean?
    A: Yes, although this raises a number of separate environmental, 
cost, design and safety issues.

Important Safety Issues

    Q: Are pipelines safe?
    A: Accidents are rare and usually result from unauthorized 
action by a third party. The U.S. Department of Transportation (DOT) 
enforces strict safety standards and requires safety checks.
    Q: How soon after construction will the company restore the 
land?
    A: As soon as the trench is filled and weather permits.
    Q: Does natural gas smell?
    A: Natural gas is odorless. An artificial odor is generally 
added for safety purposes in more populated areas on interstate 
transmission pipelines and in local distribution pipelines in 
accordance with DOT safety regulations.

Further Environmental Issues

    Q: What if my property contains endangered species, wetlands, or 
archaeological sites?
    A: Endangered species must be protected from the effects of 
pipeline construction and this could affect the location of the 
pipeline. In the case of wetlands, if proper crossing procedues are 
used and no alternatives are available, they may be used for a 
pipeline right-of-way. If an archaeological site falls within 
guidelines set by the national Register of Historic Places, it must 
be excavated or the pipeline rerouted. Landowners usually are 
permitted to keep any artifacts after they are properly studied.
    Q: Environmental studies were mentioned earlier. How do they 
work?
    A: A notice of Intent to prepare an environmental assessment 
(EA) or an Environmental Impact Statement (EIS) is issued for most 
major proposals. It is sent to federal, state and local agencies, 
local media and libraries, environmental groups, and, where the 
Commission is able to identify them, the owners of any land that 
would be crossed. Additionally, the Commission announces a schedule 
of public meetings along the proposed route and seeks comments, to 
be submitted within 30 days, from interested parties. After the 
comment period, the Commission will prepare an EA or a Draft EIS 
outlining its findings and recommendations. For major proposals,

[[Page 876]]

further comments are sought during 45 days allotted for review of a 
Draft EIS or 30 days in the case of an EA. These comments are 
addressed in the Final EIS or the final order granting or denying 
the pipeline a certificate.
    For additional information, contact: Federal Energy Regulatory 
Commission, Office of External Affairs, 888 First Street, NE, 
Washington, DC 20426, 202/208-1088.

[FR Doc. 99-255 Filed 1-5-99; 8:45 am]
BILLING CODE 6717-01-M