[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Notices]
[Pages 8958-8960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4181]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP00-45-000]


Eastern Shore Natural Gas Company; Notice of Intent to Prepare an 
Environmental Assessment for the Proposed 2000 System Expansion 
Project; Request for Comments on Environmental Issues and Notice of 
Site Visit

February 16, 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 2000 System Expansion Project 
involving construction and operation of facilities proposed by Eastern 
Shore Natural Gas Company (Eastern Shore) in Chester County, 
Pennsylvania, Cecil County, Maryland, and New Castle and Kent Counties, 
Delaware.\1\ Eastern Shore would construct: 2.1 miles of 16-inch-
diameter pipeline loop; 10.1 miles of new 6-inch-diameter pipeline; 
five delivery points; and minor auxiliary piping and valves at its 
existing Daleville Compressor Station. Eastern Shore would also abandon 
1 mile on 2-inch-diameter pipeline and replace it with 4-inch-diameter 
pipeline. The facilities would provide additional natural gas delivery 
capacity to serve increased demands from Eastern Shore's three local 
distribution companies. 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\ Eastern Shore'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 should have been 
contacted by the pipeline company about the acquisition of an easement 
to construct, operate, and maintain the proposed facilities. The 
pipeline company 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, it easement 
negotiations fail to produce an agreement, the pipeline company could 
initiate condemnation proceedings in accordance with state law. A fact 
sheet prepared by the FERC entitled'' An Interstate Natural Gas 
Facility on My Land? What Do I Need To Know?'' was attached to the 
project notice Eastern Shore provided to landowners along and adjacent 
to the proposed route. This fact sheet addresses a number of typically 
asked questions, including the use of eminent domain. It is available 
for viewing on the FERC Internet website (www.ferc.fed.us).

Summary of the Proposed Project

    Eastern Shore want to construct the 2000 Expansion Project to 
expand the capacity of certain of its facilities in Delaware, 
Pennsylvania, and Maryland to transport an additional 14,130 decatherms 
per day of natural gas to three local distribution.
    The general location of the proposed project facilities is shown in 
appendix 1, figure 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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    Eastern Shore seeks authority to
     construct and operate 2.1-miles of 16-inch-diameter 
pipeline loop adjacent to an existing pipeline on its existing right-
of-way in Chester County, Pennsylvania (appendix 1, figure 2);
     abandon one mile of two-inch diameter lateral pipeline and 
replace it with 4-inch-diameter pipeline in New Castle County, 
Delaware, and Cecil County, Maryland on existing right-of-way (figure 
3); and
     construct and operate 10.1 miles of 6-inch-diameter new 
mainline and 5 new delivery points (meter and regulator stations) in 
Kent County, Delaware, primarily on or adjacent to Norfolk Southern 
Railroad and Delaware Department of Transportation (DelDOT) rights-of-
way (figure 4).

Land Requirements for Construction

    Construction of the proposed facilities would require about 72 
acres of land. Following construction, the land disturbed by 
construction activities

[[Page 8959]]

would be restored and allowed to revert to its former use except for 
1.53 acres which would be maintained as new aboveground facility sites 
(the five delivery points). Project construction would generally follow 
existing utility easement (Eastern Shore, DelDOT, and Norfolk Southern 
rights-of-way).
    During construction 45 acres of temporary easement and 27 acres of 
permanent pipeline easement would be required. Of the 27 acres of 
permanent easement, 14.5 acres would be newly acquired (for the 10.1 
miles of new mainline in Kent County, Delaware). The shorter pipeline 
loop and lateral replacement project segments would remain on existing 
Eastern Shore pipeline easements and would require no more permanent 
right-of-way beyond the existing 12.5 acres.

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
     endangered and threatened species
     land use
     cultural resources
     air quality and noise
     hazardous waste
     public safety
    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 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 below.

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 Eastern Shore. This 
preliminary list of issues may be changed based on your comments and 
our analysis.
     Nineteen single family homes and one apartment complex are 
located within 50 feet of the project.
     Two federally listed endangered or threatened species and 
four state species of concern may occur in the proposed project area.
     A stream which would be crossed 3 times by project 
construction is under consideration by the National Park Service for 
Wild and Scenic River designation.
     On February 11, 2000, Eastern Shore filed a route 
variation which avoids a land parcel on which a cemetery maintained by 
the Old Fellows is located. The route variation is at approximately 
mile post 8.5 in Milford, Delaware. We would evaluate the 
reasonableness of this alternative.

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/EIS and considered by the 
Commission. You should focus on the potential environmental effects of 
the proposal, alternatives to the proposal (including alternative 
[Locations/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, NE, Room 
1A, Washington, DC 20426.
     Label one copy of the comments for the attention of the 
Environmental Review and Compliance Branch, PR-11.2.
     Reference Docket No. CP00-45-000.
     Mail your comments so that they will be received in 
Washington, DC on or before March 17, 2000.
    If you do not want to send comments at this time but still want to 
remain on our mailing list, please return the Information Request 
(appendix 3). If you do not return the Information Request, you may be 
removed from the environmental mailing list.
    On February 23, 2000, the Office of Energy Projects staff will 
conduct a precertification site visit of the project route and possible 
alternative routes. All parties may attend. Those planning to attend 
must provide their own transportation.

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 2). Only intervenors have the 
right to seek rehearing of the Commission's decision.
    Affected landowners and parties with environmental concerns may be 
granted intervenor status upon showing good cause by stating that they 
have a clear and direct interest in this proceeding which would not be 
adequately represented by any other parties. 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

[[Page 8960]]

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.

David P. Boergers,
Secretary.
[FR Doc. 00-4181 Filed 2-22-00; 8:45 am]
BILLING CODE 6717-01-M