[Federal Register Volume 67, Number 74 (Wednesday, April 17, 2002)]
[Notices]
[Pages 18887-18889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9281]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP02-116-000 and CP02-117-000]


Tennessee Gas Pipeline Company; Notice of Intent To Prepare an 
Environmental Assessment For the Proposed South Texas Expansion Project 
and Request for Comments on Environmental Issues, and Notice of Site 
Visit

April 11, 2002.
    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 South Texas Expansion Project 
involving construction and operation of facilities by Tennessee Gas 
Pipeline Company (Tennessee) in Hidalgo, Victoria, and Nueces Counties, 
Texas.\1\ These facilities would consist of about 17 miles of various 
diameter pipeline and 9,470 horsepower (hp) of compression. 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\ Tennessee's application was filed with the Commission under 
Section 3 and Section 7 of the Natural Gas Act and Part 153 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 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 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. 
It is available for viewing on the FERC Internet website 
(www.ferc.gov).

Summary of the Proposed Project

    Tennessee wants to expand the capacity of its facilities in Texas 
to transport 320,000 Decatherms per day of natural gas to a delivery 
point located at the International Boundary between the United States 
in Hidalgo County, Texas and Mexico in the State of Tamaulipas 
(International Boundary). Tennessee seeks Section 7'') authority to 
construct and operate:
     9.28 miles of 30-inch-diameter lateral (Rio Bravo Lateral) 
in Hidalgo County, Texas, which would commence from milepost 9.02 on 
Tennessee's existing Pipeline No. 409A-100 (Donna Line) to an 
interconnection at the International Boundary;
     7.58 miles of 24-inch-diameter loop of Tennessee's Donna 
Line in Hidalgo County, Texas;
     A new compressor station consisting of two gas-fired 
reciprocating compressors rated at 4,735 hp each and located near the 
town of Edinburg in Hidalgo County, Texas (Edinburg Compressor 
Station);
     A new meter station near the interconnection of the Rio 
Bravo Lateral and Tennessee's border crossing facility at the 
International Boundary; and
     Modifications of Tennessee's existing Compressor Station 1 
located in Nueces County, Texas, and existing Compressor Station 9 
located in Victoria County, Texas.
    In addition, Tennessee requests Section 3 authorization and a 
Presidential Permit to site, construct, and operate a border crossing 
facility at the terminus of the Rio Bravo Lateral for the importation 
and exportation of natural gas at the International Boundary. 
Tennessee's border crossing facility would consist of a 1,800-foot-long 
segment of 30-inch-diameter pipeline which would interconnect with a 
proposed pipeline in Mexico to be constructed by Gasoducto del Rio, a 
wholly owned Mexican subsidiary of EDF International. Tennessee's 
proposed project and the Gasoducto del Rio pipeline would provide 
natural gas service to a developing power generation complex (Rio Bravo 
Market) comprised of four new electric power plants located in Northern 
Mexico.
    The general location of the South Texas Expansion Project 
facilities is shown in 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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Land Requirements for Construction

    Construction of the proposed facilities would require about 276.5 
acres of land. Following construction, about 118.9 acres would be 
maintained as permanent right-of-way, including 9.5 acres for new 
aboveground facility sites. The remaining 157.6 acres of temporary 
workspace 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\3\ 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

[[Page 18888]]

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.
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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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    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
     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 beginning on page 5.

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 Tennessee. This preliminary 
list of issues may be changed based on your comments and our analysis.
     Six single-family residences are within 50 feet of the 
proposed pipeline construction corridors.
     A directionally drilled crossing of the Rio Grande River.
     The Edinburg Compressor Station would effect the local air 
quality and noise environment.
    Also, we have made a preliminary decision to not address the 
impacts of the nonjurisdictional facilities. We will briefly describe 
their location and 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 
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 an original and two copies of your letter to: Magalie 
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First 
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas 1, 
PJ-11.1.
     Reference Docket Nos. CP02-116-000 and CP02-117-000.
     Mail your comments so that they will be received in 
Washington, DC on or before May 13, 2002.
    Please note that we are continuing to experience delays in mail 
deliveries from the U.S. Postal Service. As a result, we will include 
all comments that we receive within a reasonable time frame in our 
environmental analysis of this project. However, the Commission 
encourages electronic filing of any comments or interventions or 
protests to this proceeding. 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 a 
free account which can be created by clicking on ``Login to File'' and 
then ``New User Account.''
    We may mail the EA for comment. If you are interested in receiving 
it, please return the Information Request (appendix 4). If you do not 
return the Information Request, you will be taken off the mailing list.

Site Visit

    On April 22, 2002, the staff of the OEP will conduct a site 
inspection of the proposed South Texas Expansion Project facilities in 
Hidalgo County, Texas. Anyone interested in attending the site 
inspection should 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 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).\4\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \4\ 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 which would not be 
adequately represented by any other parties. You do not need intervenor 
status to have your environmental comments considered.

Environmental Mailing List

    This notice is being sent to individuals, organizations, and 
government entities interested in and/or potentially affected by the 
proposed project. It is also being sent to all identified potential 
right-of-way grantors. By this notice we are also asking governmental 
agencies, especially those in appendix 3, to express their interest in 
becoming cooperating agencies for the preparation of the EA.

Additional Information

    Additional information about the proposed project is available from 
the Commission's Office of External Affairs at (202) 208-1088 (direct 
line) or you can call the FERC operator at 1-800-847-8885 and ask for 
External Affairs. Information is also available 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.

[[Page 18889]]

    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) 208-2222.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-9281 Filed 4-16-02; 8:45 am]
BILLING CODE 6717-01-P