[Federal Register Volume 67, Number 48 (Tuesday, March 12, 2002)]
[Notices]
[Pages 11109-11110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5718]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP02-90-000, CP02-91-000, CP02-92-000, and CP02-93-000]
AES Ocean Express LLC; Notice of Application for Certificates of
Public Convenience and Necessity, and for Section 3 Authorization and a
Presidential Permit
March 5, 2002.
Take notice that on February 21, 2002, AES Ocean Express LLC (Ocean
Express), Two Alhambra Plaza, Suite 1104, Coral Gables, Florida, 33134,
filed applications pursuant to Sections 3 and 7(c) of the Natural Gas
Act (NGA). Ocean Express is a limited liability company organized under
the laws of the State of Delaware. Ocean Express is an indirect,
wholly-owned subsidiary of The AES Corporation.
In Docket No. CP02-90-000, Ocean Express seeks a certificate of
public convenience and necessity authorizing Ocean Express to
construct, own, and operate a new natural gas pipeline under Part 157,
Subpart A of the Commission's Regulations. In Docket No. CP02-91-000,
Ocean Express seeks a blanket certificate for certain blanket
construction and operation authorization under Part 157, Subpart F of
the Commission's Regulations. In Docket No. CP02-92-000, Ocean Express
seeks a blanket certificate under Part 284, Subpart G of the
Commission's Regulations for self-implementing transportation
authority. In Docket No. CP02-93-000, Ocean Express seeks a
Presidential Permit and Section 3 authorization pursuant to Part 153 of
the Commission's Regulations.
The Applications are on file with the Commission and open to public
inspection. The filings may be viewed on the web at http://www.ferc.gov
using the ``RIMS'' link, selecting ``Docket #'' and following the
instructions (please call (202) 208-2222 for assistance). Any questions
regarding the application may be directed to Kimberly Hall, AES Ocean
Express LLC, Two Alhambra Plaza, Suite 1104, Coral Gables, FL 33134,
(305) 444-4002.
In Docket No. CP02-90-000, Ocean Express requests authorization to
construct, own, and operate a new 24-inch diameter, approximately 52.4-
mile interstate natural gas pipeline, consisting of a 46.1 mile
offshore segment and a 6.3-mile onshore segment.
The offshore pipeline will extend from Exclusive Economic Zone
(EEZ) boundary between the United States and The Bahamas in the
Atlantic Ocean, off the southeast Florida coastline\1\ to the Dania
Beach Boulevard traffic circle in Broward County, Florida. After making
landfall at the Dania Beach Boulevard traffic circle, the proposed
pipeline will continue onshore, in a westward direction, to two
delivery points: (i) an interconnection with the Florida Gas
Transmission (FGT) system at the Florida Power & Light (FPL) Fort
Lauderdale Power Plant, and (ii) an interconnection with the FPL gas
line servicing the FPL Fort Lauderdale Power Plant. Ocean Express'
proposed pipeline is designed to transport up to 824,000 Dth/day.
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\1\ The EEZ is defined in the 1995 Department of State Public
Notice 2237--Exclusive Economic Zone and Maritime Boundaries; Notice
of Limits U.S. Atlantic Coast and Gulf of Mexico. See 60 Fed. Reg.
para. 43,825 (1995).
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Ocean Express states that it will receive, at the EEZ boundary,
natural gas transported by an approximately 40.4-mile nonjurisdictional
pipeline beginning at a liquefied natural gas (LNG) receiving, storage
and regasification facility in Ocean Cay, The
[[Page 11110]]
Bahamas. Ocean Express states that the nonjurisdictional, foreign
pipeline and LNG facility will be constructed, owned and operated by
its Bahamian affiliate, AES Ocean LNG, Ltd.
Ocean Express estimates that the total capital cost of constructing
the United States part of the pipeline and appurtenant facilities in
the United States will be about $93 million. Ocean Express also filed a
pro forma FERC Gas Tariff showing the initial rate for firm
transportation service of a $0.0456/Dth reservation charge. The rate
for interruptible service is the 100% load factor equivalent of the
firm service rate. The pro forma tariff also contains the terms and
conditions of the transportation services proposed to be offered by
Ocean Express.
Ocean Express says it conducted an open season from September 18,
2001 through October 18, 2001 to receive requests and obtain binding
commitments for transportation capacity. As a result, Ocean Express
received six requests for additional information on the project, and
two bids for capacity. Ocean Express says that only AES LNG Marketing,
L.L.C. submitted a conforming bid, resulting in an executed precedent
agreement for 800,000 Dth/day.
Ocean Express says that it has consulted with numerous interested
stakeholders through the course of developing its project in order to
avoid or minimize negative impacts to surrounding communities. Ocean
Express has identified a total of fifteen landowners and governmental
agencies that could be directly affected by the proposed pipeline.
Ocean Express states it will maintain contact with these landowners
throughout the course of its project. Ocean Express also states that it
will employ construction techniques that minimize environmental
impacts. Ocean Express states that it intends to utilize horizontal
directional drilling (HDD) technology to construct the approximately
7880 feet of offshore pipeline closest to shore, and explains that use
of the HDD technology will avoid or minimize construction-related
impact to reef structures near the shore. Ocean Express states it is
also using HDD technology for various portions of its onshore route to
minimize impacts.
Ocean Express also seeks NGA Section 3 authority and a Presidential
Permit to construct, own, operate, and maintain a 24-inch pipeline at
the U.S.-Bahamian boundary. Ocean Express states that it will connect
with AES Ocean LNG, Ltd., its Bahamian affiliate, at the EEZ boundary
between the U.S. and The Bahamas, and that any facilities considered to
be ``border facilities'' will be a segment of 24-inch diameter at that
location on the EEZ boundary.
Ocean Express requests that the Commission issue a preliminary
determination on non-environmental issues by July 2002, and a final
certificate authorization by March 2003. Ocean Express says that this
will allow construction to be completed by a proposed in-service date
of November 1, 2004. This proposed in-service date depends on the
timing of financing commitments. If financing commitments cannot be
secured on the basis of a preliminary determination issued by the
Commission, then Ocean Express proposes an alternative in-service date
of March 1, 2005 because of such commercial considerations.
There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before March 26, 2002, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC, 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to take, but the filing of a comment alone will not
serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
The Commission may issue a preliminary determination on non-
environmental issues prior to the completion of its review of the
environmental aspects of the project. This preliminary determination
typically considers such issues as the need for the project and its
economic effect on existing customers of the applicant, on other
pipelines in the area, and on landowners and communities. For example,
the Commission considers the extent to which the applicant may need to
exercise eminent domain to obtain rights-of-way for the proposed
project and balances that against the non-environmental benefits to be
provided by the project. Therefore, if a person has comments on
community and landowner impacts from this proposal, it is important
either to file comments or to intervene as early in the process as
possible.
Comments, protests, and interventions may 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 under the ``e-Filing''
link.
If the Commission decides to set the application for a formal
hearing before an Administrative Law Judge, the Commission will issue
another notice describing that process. At the end of the Commission's
review process, a final Commission order approving or denying a
certificate will be issued.
Magalie R. Salas,
Secretary.
[FR Doc. 02-5718 Filed 3-11-02; 8:45 am]
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