[Federal Register Volume 66, Number 195 (Tuesday, October 9, 2001)]
[Notices]
[Pages 51424-51427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25199]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP01-415-000]


East Tennessee Natural Gas Company Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Patriot Project, 
Request for Comments on Environmental Issues, and Notice of Public 
Scoping Meetings and Site Visit

October 2, 2001.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the East Tennessee Natural 
Gas Company's (East Tennessee) Patriot Project in Tennessee, Virginia, 
and North Carolina.\1\ The proposed facilities consist of an expansion 
of the existing mainline that would include replacement, looping, and 
uprating of about 187 miles of pipeline and the addition of 71,710 
horsepower (hp) of compression at 5 new and 10 existing compressor 
stations, and an extension of the mainline that would include 99.63 
miles of new pipeline. 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\ East Tennessee's application in Docket No. CP01-415-000 was 
filed with the Commission under section 7(c) 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 
applicable state laws.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility on My Land? What Do I Need To Know?'' should have been 
attached to the project notice East Tennessee provided to landowners. 
This fact sheet addresses a number of typically asked questions, 
including the use of eminent domain and how to participate in the 
Commission's proceedings. The fact sheet is available for viewing on 
the FERC Internet website (http://www.ferc.gov).
    This notice is being sent to affected landowners along East 
Tennessee's route; Federal, state, and local government agencies; 
elected officials; environmental and public interest groups; Native 
American tribes that might attach religious and cultural significance 
to historic properties in the area of potential effect; local libraries 
and newspapers; and the Commission's list of parties to the proceeding. 
We \2\ encourage government representatives to notify their 
constituents of this proposed action and encourage them to comment on 
their areas of concern. Additionally, with this notice, we are

[[Page 51425]]

asking other Federal, state, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues in the project area to cooperate with us in the preparation of 
the EIS. These agencies may choose to participate once they have 
evaluated East Tennessee's proposal relative to their responsibilities. 
Agencies who would like to request cooperating status should follow the 
instructions for filing comments described later in this notice.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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Summary of the Proposed Project

    East Tennessee wants to expand the capacity of its facilities to 
transport up to 510,000 dekatherms per day (dth/day) of natural gas to 
four local distribution companies and three power plants. East 
Tennessee seeks authority to construct and operate the Patriot Project 
that consists of two components: the Mainline Expansion and the 
Mainline Extension.
    A. Mainline Expansion, which involves improvements along East 
Tennessee's existing pipeline in Tennessee and Virginia includes:
    a. a total of about 85 miles of loop \3\ (20 and 24-inch-diameter) 
in Franklin, Grundy, Hamilton, Knox, Marion, Sequatchie, and Sullivan 
Counties, Tennessee, and Smyth, Washington, and Wythe Counties, 
Virginia;
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    \3\ A loop is a segment of pipeline that is usually installed 
adjacent to an existing pipeline and connected to it at both ends. 
The loop allows more gas to be moved through the pipeline.
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    b. about 24.7 miles of 24-inch-diameter pipeline to replace 
existing smaller diameter pipelines in Smyth, Washington, and Wythe 
Counties, Virginia;
    c. hydrostatic pressure testing of about 77.3 miles of existing 
pipeline \4\ to increase the maximum allowable operating pressure 
(MAOP) of the pipeline in Fentress, Greene, Grundy, Hamilton, Jackson, 
Morgan, Roane, Sevier and Washington Counties, Tennessee;
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    \4\ Work would not take place over the entire length of the 
uprate, but would include land disturbance at specific locations for 
the installation of manifolds at the hydrostatic test sites; 
replacement of mainline and side valves; and replacement of short 
sections of pipeline at road crossings.
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    d. five new compressor stations in Fentress, Green, Jackson, 
Jefferson, and Hamilton Counties, Tennessee, and changes at 10 existing 
compressor stations in Blount, Macon, Monroe, Sevier, Sullivan, 
Trousdale, and Verton Counties, Tennessee, and Washington and Wythe 
Counties, Virginia; and
    e. associated mainline valves, piping, and appurtenant pipeline 
facilities.
    B. Mainline Extension which includes construction of:
    a. about 92.6 miles of 24-inch-diameter pipeline extending through 
Wythe, Carroll, Floyd, Patrick, and Henry Counties, Virginia to a new 
terminus at an interconnection with Transcontinental Gas Pipe Line 
Corporation's (Transco) system in Rockingham County, North Carolina;
    b. about 7 miles of 16-inch-diameter pipeline to a power plant 
under development by Henry County Power, LLC, in Henry County, 
Virginia;
    c. 3 new meter stations: DENA Wythe Energy Meter Station, Henry 
County Power Meter Station, and Transco Meter Station; and
    d. associated mainline valves and appurtenant pipeline facilities.

    Nonjurisdictional Facilities:

Wythe and Henry County Power Energy Projects, respectively) that would 
be constructed in southwest Virginia. In addition, the Patriot Project 
would provide supply to the DENA Murray LLC facility, which is 
currently under construction in Georgia.

    A general overview map of the major project facilities is shown in 
appendix 1.\5\ If you are interested in obtaining detailed maps of a 
specific portion of the project, follow instructions provided in 
appendix 4. A listing of the facilities is in appendix 2.
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    \5\ 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, 
Room 2A, 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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Land Requirements for Construction

    Construction of East Tennessee's proposed facilities would require 
about 2,786.4 acres (including compressor stations, meter stations, and 
116.2 acres of additional temporary work spaces) of land of which about 
766.1 acres are within existing easements. Following construction, 
about 635.4 acres would be retained as new permanent right-of-way. The 
remaining 1,384.9 acres of temporary work space would be restored and 
allowed to revert to former use.
    The nominal construction right-of-way for the pipeline would be 100 
feet wide, with 50 feet retained as permanent right-of-way where new 
right-of-way would be required. About 68 percent of the pipeline route 
(over 99 percent of the Mainline Expansion and about 10 percent of the 
Mainline Extension) would be adjacent to existing rights-of-way.
    Construction would disturb 1,269.9 acres of agricultural land, 
145.3 acres of non-forested open space, 1,076.1 acres of woodland, 
178.9 acres of developed land, and 116.2 acres of additional work 
spaces in several counties in Tennessee, Virginia, and North Carolina.

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. NEPA also requires us 
to solicit and address concerns the public may have about proposals. We 
call this ``scoping.'' The main goal of the scoping process is to focus 
the EIS on the important environmental issues. By this Notice of 
Intent, the Commission is requesting 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 will also evaluate possible alternatives to the proposed project 
or portions of the project, and make recommendations on how to avoid 
impacts on various resource areas.
    Our independent analysis of the issues will result in the 
publication of a draft EIS that will be mailed to Federal, state, and 
local government agencies; Native American tribes; elected officials; 
public interest groups; interested individuals; affected landowners; 
newspapers; libraries; and the Commission's official service list for 
this proceeding. 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 include our response to all comments received on the 
draft EIS and will be used by the Commission in its decision-making 
process to determine whether to approve the project.
    To ensure your comments are considered, please carefully follow the 
instructions in the Public Participation and Scoping Meeting section 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, the 
environmental information provided by East Tennessee, and early input 
from intervenors. This preliminary list of issues may be changed based 
on your comments and our analysis.
     Geology and Soils:

[[Page 51426]]

    --Potential impacts associated with blasting
    --Potential geologic hazards, including karst terrain
    --Effects on soils
Water Resources and Wetlands:
    --Potential effects on groundwater resources
    --Effects on 243 perennial streams
    --Effects on 5 waterbodies greater than 100 feet in width (Elk 
River and South Fork Holston River in Tennessee, and Reed Creek, New 
River, and Smith River in Virginia)
    --Effects on 18.2 acres of wetlands
     Vegetation and Wildlife:
    --Effect on vegetation, wildlife, and fisheries resources
     Endangered and Threatened Species:
    --Potential effect on 17 federally listed species and 1 Federal 
candidate species that may occur in the project area
     Cultural Resources:
    --Effect on archaeological sites and other historic properties.
     Land Use, Recreation, and Visual Resources:
    --Potential impacts on residential areas
    --Effects on the Jefferson National Forest, Appalachian Trail, Blue 
Ridge Parkway, and New River Trail State Park
    --Visual effects of the aboveground facilities on surrounding areas
     Socioeconomics:
    --Effects of construction workforce in migration
     Air and Noise Quality:
    --Effects on air and noise quality from construction and operation 
of the compressor stations
     Reliability and Safety:
    --Assessment of public safety factors associated with natural gas 
pipelines
     Alternatives:
    --Assessment of alternative routes, systems or energy sources to 
reduce or avoid environmental impacts

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 EIS and considered by the Commission. 
You should focus on the potential environmental effects of the 
proposal, alternatives to the proposal (including alternative locations 
and 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 an original and two copies of your letter to: David 
P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First 
St., NE., Room 1A, Washington, DC 20426;
     Refer to Docket No. CP01-415-000;
     Label one copy of the comments for the attention of the 
Gas Branch 2, PJ 11.2; and
     Mail your comments so that they will be received in 
Washington, DC on or before October 31, 2001.
    Comments may also be filed electronically via the Internet in lieu 
of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the 
Commission's web site at http://www.ferc.gov under the ``e-Filing'' 
link and the link to the User's Guide. Before you can file comments you 
will need to create an account by clicking on Login to File and then 
``New User Account''.
    Everyone who responds to this notice or comments throughout the EIS 
process will be retained on our mailing list. If you do not want to 
send comments at this time but still want to keep informed and receive 
copies of the draft and final EIS, please return the Information 
Request (appendix 4). You must send comments or return the Information 
Request for your name to remain on the mailing list.

Public Scoping Meetings and Site Visit

    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meetings that the FERC will conduct in 
the Mainline Extension area of the Patriot Project. The locations and 
times for these meetings are listed below.

Monday October 15--Stuart, Patrick County High School, 215 Cougar Lane, 
Stuart, VA 24171, (276) 694-7137

Tuesday October 16--Wytheville, George Wythe High School, #1 Maroon 
Way, Wytheville, VA 24382, (276) 228-3157--Renee Jones

Wednesday October 17--Bristol City, Bristol City Schools, 615 Edgemont 
Avenue, Bristol, TN 37620, (423) 652-9447--Facility Supervisor Jim 
Arnold

Thursday October 18--Chattanooga, East Ridge High School, 4320 Bennett 
Road, Chattanooga, TN 37412-2299, (423) 887-6200--Kim Gatewood

    The public scoping meetings are designed to provide you with more 
detailed information and another opportunity to offer your comments on 
the proposed project. East Tennessee representatives will be present at 
the scoping meetings to describe their proposal. Interested groups and 
individuals are encouraged to attend the meetings and to present 
comments on the environmental issues they believe should be addressed 
in the draft EIS. A transcript of each meeting will be made so that 
your comments will be accurately recorded.
    On the dates of the meetings, we will also be conducting limited 
site visits of the project area. Anyone interested in participating in 
the site visits may contact the Commission's Office of External Affairs 
at (202) 208-1088 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 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).\6\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \6\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
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    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 that would not be 
adequately represented by any other parties. You do not need intervenor 
status to have your environmental comments considered.

Availability of Additional Information

    Additional information about the proposed project is available from 
the Commission's Office of External Affairs (202) 208-1088 or on the 
FERC website (www.ferc.gov) 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

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``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) 208-2222.

David P. Boergers,
Secretary.
[FR Doc. 01-25199 Filed 10-5-01; 8:45 am]
BILLING CODE 6717-01-P