[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Notices]
[Pages 2161-2162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-785]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP00-34-000]


Algonquin Gas Transmission Corporation; Notice of Intent To 
Prepare an Environmental Assessment for the Proposed Fore River Project 
and Request for Comments on Environmental Issues

January 7, 2000.
    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 Fore River Project involving 
construction and operation of facilities by Algonquin Gas Transmission 
Corporation (Algonquin) in Norfolk County, Massachusetts.\1\ These 
facilities would consist of about 7.4 miles of 24-inch-diameter 
pipeline and construction of measurement facilities. 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\ Algonquin'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 on the 
Commission's website at the ``RIMS'' link or from the Commission's 
Public Reference and Files Maintenance Branch, 888 First Street, NE, 
Washington, DC 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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Summary of the Proposed Project

    Algonquin proposes to construct facilities to provide 
transportation service of up to 140,000 dekatherms per day of natural 
gas for Sithe Power Marketing (Sithe). Sithe has requested firm natural 
gas transportation service to fuel the Fore River Station a 750-
megawatt gas-fired electronic power plant being constructed near 
Weymouth, Massachusetts. Algonquin seeks authority to:
     Replace approximately 6.9 miles of existing 10-inch-
diameter pipeline (I-3 Lateral) with 24-inch-diameter pipeline from 
milepost (MP) 0.0 in Canton, Massachusetts to MP 6.9 in Braintree, 
Massachusetts; and
     Construct a new 0.5-mile-long, 24-inch-diameter pipeline 
(I-9 Lateral) and measurement facilities in Braintree and Weymouth, 
Massachusetts.
    The location of the project facilities is shown in appendix 2.

Land Requirements for Construction

    Construction of the proposed facilities would require about 85.5 
acres of land. Following construction, about 26.5 acres would be 
maintained as permanent right-of-way. The remaining 59 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 
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 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
 Hazardous waste
 Land use
 Cultural resources
 Endangered and threatened species
 Public safety

    We will also evaluate possible alternatives to the proposed project 
or

[[Page 2162]]

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 beginning on page 4.

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 Algonquin. This preliminary 
list of issues may be changed based on your comments and our analysis.
     The project would cross 31 wetlands and 25 streams.
     The project would be within 50 feet of 178 residences.
     The project may cross historic or prehistoric 
archeological sites.
    Also, we have made a preliminary decision to not address the 
impacts of the nonjurisdictional facilities. Approval of the Sithe 
Energy Fore River Station is currently pending before the Massachusetts 
Energy Facilities Siting Board. We will identify the location, and its 
permit approval and/or construction status in the EA.

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 aviod 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., NE, Room 
1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the 
Environmental Review and Compliance Branch II, PR-11.2;
     Reference Docket No. CP00-34-000; and
     Mail your comments so that they will be received in 
Washington, DC on or before February 7, 2000.

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 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 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 385.214(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 or on the FERC website (www.ferc.fed.us) 
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) 208-2474.
Linmwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-785 Filed 1-12-00; 8:45 am]
BILLING CODE 6717-01-M