[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Notices]
[Pages 70589-70592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29854]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-90-001]


AES Ocean Express, L.L.C.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Ocean Express Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of a 
Public Scoping Meeting and Site Visit

November 19, 2002.
    On February 21, 2002, AES Ocean Express, L.L.C. (Ocean Express) 
filed its Application for Certificates of Public Convenience and 
Necessity for authorization to own, construct, operate and maintain a 
new 24-inch diameter, approximately 54.3-mile interstate natural gas 
pipeline extending from a receipt point on the Exclusive Economic Zone 
(``EEZ'') boundary between the United States and the Bahamas to 
delivery points in Broward County, Florida, together with certain 
ancillary facilities. Shortly after Ocean Express filed that 
application, on March 26, 2002, the Naval Surface Warfare Center, 
Carderock Division (``NSWCCD'') filed a motion to intervene in which it 
expressed concerns regarding the routing of the project and its 
potential impacts on NSWCCD operations. Since that time, Ocean Express 
and NSWCCD have met and reached an agreement in principle on measures 
to resolve NSWCCD's technical and operational concerns regarding 
construction, operation, and maintenance of the proposed Ocean Express 
Pipeline. On October 18, 2002, Ocean Express filed an Amendment to the 
Application proposing a new route variation and design changes for the 
nearshore portion of Ocean Express' offshore pipeline in the vicinity 
of the Navy Restricted Area.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) and the Minerals Management Service (MMS) will prepare an 
Environmental Impact Statement (EIS) that will analyze the 
environmental impacts of the proposed Ocean Express Pipeline 
Project.\1\ The proposed pipeline originates in the Bahamas and would 
come ashore east of Dania, Florida. These facilities would consist of 
about 54.3 miles of 24-inch diameter pipeline (about 48.0 miles 
offshore and 6.3 miles onshore), two aboveground metering facilities, a 
pig launching/receiving station, one aboveground shutoff valve, and one 
belowground valve. 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. The MMS will have primary 
responsibility for offshore analysis in U.S. waters and will coordinate 
with the U.S. Army Corps of Engineers regarding Florida state waters 
review.
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    \1\ Ocean Express' application was filed with the Commission on 
February 21, 2002, under Section 7) of the Natural Gas Act as 
amended, and Parts 157 and 284 of the Commission's regulations.
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    The application, amended application, and other supplemental 
filings in this docket are available for viewing on the FERC Internet 
website (http://www.ferc.gov). Click on the ``FERRIS'' link, select 
``General Search'' from the FERRIS Menu, and follow the instructions, 
being sure to input the correct docket number (CP02-90). General 
information about the MMS and detailed information regarding Florida 
state and Federal waters can be accessed at the MMS Internet website 
(http://www.mms.gov).
    The FERC is the lead agency and the MMS is a Federal cooperating 
agency for this project because the MMS has jurisdiction by law as well 
as special expertise regarding the potential environmental impacts 
associated with that portion of the proposed pipeline that would be 
installed on the Outer Continental Shelf.
    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 that Ocean Express provided to landowners. This fact 
sheet addresses a number of typically asked questions, including the 
use of eminent domain

[[Page 70590]]

and how to participate in the Commission's proceedings. It is available 
for viewing on the FERC Internet website (http://www.ferc.gov).

Summary of the Proposed Project

    Florida is experiencing a substantial increase in demand for 
electric power as a result of population growth in the state. The Ocean 
Express project would transport into Florida up to 842 million standard 
cubic feet of natural gas per day. The project would deliver the gas to 
an interconnect with the Florida Gas Transmission Company (FGT) system 
and an interconnect with the Florida Power & Light Company (FPL) gas 
line that services the FPL Fort Lauderdale Power Plant.
    The Ocean Express Pipeline Project would be located onshore in 
Broward County, Florida and offshore in the Atlantic Ocean. The project 
would receive gas at the U.S./Bahamian EEZ at a subsea connection to a 
24-inch pipeline, referred to as the Bahamian Pipeline. The Bahamian 
Pipeline would transport natural gas from a proposed liquefied natural 
gas (LNG) receiving, storage, and regasification facility on Ocean Cay, 
a manmade industrial island in Bimini, Commonwealth of the Bahamas.
    The LNG facility and the Bahamian Pipeline are non-jurisdictional 
facilities and would be constructed and operated by AES Ocean LNG, 
Ltd., a Bahamian affiliate. The LNG facility would receive LNG tankers 
arriving from international LNG supply locations. The LNG would be 
offloaded from the tankers and stored in specially designed storage 
tanks. From there, the LNG would be revaporized in heat exchangers on 
the terminal site and the resulting natural gas would be fed into the 
24-inch-diameter offshore pipeline.
    The FERC and MMS authorizations for this project would not extend 
eastward of the EEZ. The Government of the Bahamas regulates matters 
pertaining to the environment and safety and traditionally requires an 
environmental impact assessment as a condition to approving a project 
such as the LNG terminal and Bahamian Pipeline. The Government of the 
Bahamas is in the process of reviewing the environmental impact 
assessment for these facilities.
    The LNG facility and the Bahamian Pipeline are not part of the 
facilities proposed in the Ocean Express application to the FERC. In 
its application, Ocean Express seeks authority to construct and operate 
the following:

--Offshore Pipeline Segment

    The proposed offshore pipeline segment would be located in the 
Atlantic Ocean, off the southeast Florida coastline, and would consist 
of approximately 48 miles of 24-inch-diameter pipeline (Offshore 
Pipeline). The Offshore Pipeline would traverse the Atlantic Ocean, 
starting at the U.S./Bahamian EEZ, passing through Federal and state 
waters, and end at a shoreline entry east of Dania, Florida to connect 
with the proposed onshore pipeline segment.

--Nearshore Pipeline Segment

    The Florida shore approach would be installed utilizing horizontal 
directional drilling (HDD) techniques to minimize impacts to three 
near-shore reef trends. The pipeline would be directionally drilled out 
from the Dania Beach Boulevard (Route A1A) traffic circle to a point 
6,170 feet from shore to a previously disturbed, former sand borrow pit 
located in a gap between two reef systems. A second 2,372-foot-long HDD 
segment (offshore HDD) would extend from the former sand borrow pit to 
a point east of the outermost reef system.
    The remaining sections of the offshore segment would be installed 
by direct pipe lay on the sea floor using a laybarge. AES is evaluating 
the feasibility of using various methods to either bury the pipeline or 
cover it with protective concrete mats along the segment between the 
two HDD segments and from the second HDD to water depths of 
approximately 200 feet. Where water depths exceed 200 feet, the 
offshore pipeline would also be laid directly on the sea floor, with no 
covering proposed.

--Onshore Pipeline Segment

    The proposed onshore pipeline would consist of approximately 6.3 
miles of 24-inch-diameter pipeline (Onshore Pipeline). The Onshore 
Pipeline would start at the terminus of the proposed Offshore Pipeline 
(the shoreline entry) and end at the proposed interconnections with the 
FGT and FPL systems.
    The proposed facilities are summarized in tables 1 and 2 below. The 
general locations of the project facilities are shown in Appendix 1.\2\ 
If you are interested in obtaining detailed maps of a specific portion 
of the project, send in your request using the form in Appendix 3.
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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 ``FERRIS'' link or from the Commission's 
Public Reference and Files Maintenance Branch, 888 First Street, 
NE., Washington, DC 20426, or call (202) 502-8371. For instructions 
on connecting to FERRIS refer to the last page of this notice. 
Copies of the appendices were sent to all those receiving this 
notice in the mail.

  Table 1.--Proposed Pipeline Facilities for the Ocean Express Pipeline
                                 Project
------------------------------------------------------------------------
                                                                 Length
                           Location                             (miles)
------------------------------------------------------------------------
U.S. Federal Waters..........................................       43.0
Florida State Waters.........................................        5.0
Broward County (Onshore).....................................        6.3
                                                              ----------
  Total New Pipeline Length..................................  \1\ 54.3
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\1\ Does not include 40.4 miles of non-jurisdictional waters between the
  Bahamas and the EEZ.


Table 2.--Summary of Ancillary Facilities for the Ocean Express Pipeline
                                 Project
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                                     Approximate
              Facility                 milepost         Description
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Shutoff Valve belowground).........        46.1   Dania Beach Boulevard
                                                   Circle.
Shutoff Valve and Pig Launching/           52.4   Located prior to
 Receiving Station (aboveground).                  Interconnections with
                                                   FGT and FPL.
2 Meter Stations and Pressure              52.4   Meter Station
 Regulation Stations.                              connections to FGT
                                                   and FPL located on a
                                                   0.25-acre site.
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Land Requirements for Construction

    Construction of the onshore portion of the Ocean Express Pipeline 
Project would affect a total of about 34 acres of land including: 19 
acres for pipeline construction; 9.4 acres for extra workspace; 6.2 
acres for a contractor yard; and 0.25 acre for aboveground facilities. 
Total land requirements for the permanent right-of-way would be about 
11.3 acres. The remaining 23 acres of land affected by construction 
would be restored and allowed to revert to its former use.
    Approximately 1.6 miles (25 percent) of the Onshore Pipeline would 
be directionally drilled or bored underground. Of the remaining 4.7 
miles of the route, approximately 3.8 miles (60 percent) would be 
installed parallel to existing roadway, pipeline, and utility rights-
of-way which are within commercial/industrial areas and 0.9 mile (15 
percent) would cross open land. Ocean Express would typically use a 45-
foot-wide construction right-of-way. Additional extra temporary work 
areas may be necessary for waterbody,

[[Page 70591]]

highway, and railroad crossings; additional topsoil storage; and pipe 
storage and equipment yards.
    Following construction and restoration of the right-of-way and 
temporary extra work spaces, Ocean Express would typically retain a new 
20-foot-wide permanent easement for the 24-inch-diameter pipeline. The 
remaining portion of the construction right-of-way would be returned to 
landowners for their use without restrictions after appropriate 
reclamation efforts are successful.
    Constructing the offshore portion of the Ocean Express Pipeline 
Project would affect about 1,840 acres. Installation of the project in 
State of Florida waters includes two HDD segments totaling 1.62 miles 
and direct lay on the sea floor for 3.38 miles in depths of less than 
200 feet.

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 
\3\ to discover and address concerns the public may have about 
proposals. This is called ``scoping.'' The main goal of the scoping 
process is to focus the analysis in the EIS 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 EIS. 
All comments received are considered during the preparation of the EIS. 
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 EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project under these general 
headings:

--Geology
--Water resources
--Vegetation
--Cultural resources
--Socioeconomics
--Reliability and safety
--Air quality and noise
--Soils and sedmients
--Wetlands, barrier beaches, and submerged aquatic vegetation
--Fish and wildlife
--Endangered and threatened species
--Land use, recreation, and visual resources
--Alternatives

    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 . The will be 
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 45-day 
comment period will be allotted for review of the. We will consider all 
comments on the and revise the document, as necessary, before issuing a 
Final EIS. The Final EIS will include our responses to comments 
received 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.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. We have already 
identified a number of issues that deserve attention based on a 
preliminary review of the proposed facilities, the environmental 
information provided by Ocean Express, and early input from 
intervenors. Some of these issues are listed below. This list is 
preliminary and may be changed based on your comments and our analysis. 
Currently identified environmental issues for the Ocean Express 
Pipeline Project include:

--Construction and operational effects on seagrasses, coral reefs, hard 
and soft bottom communities, mangroves, and aquatic organisms;
--Extent and effects of turbidity and sedimentation that may result 
from pipeline trenching and directional drilling in shallow waters;
--Potential failure of the two HDD procedures;
--Effects on wildlife and fisheries including essential fish habitat 
and fisheries of special concern, other commercial and recreational 
fisheries, or other species listed at the Federal, state, or local 
level;
--Potential fuel spills from the pipelay barges and associated vessel 
traffic;
--Potential effects on West Lake Park and the Airport Buffer Strip 
Park;
--Potential effect on future land use;
--Potential effect on Broward County tree resources and on rare plants;
--Effect of construction on groundwater and surface water supplies;
--Potential introduction and control of non-native plant species;
--Effects on federally endangered and threatened species including the 
wood stork, Johnson's seagrass, Garber's spurge, West Indian manatee, 
loggerhead sea turtle, green sea turtle, hawksbill sea turtle, Kemp's 
ridley sea turtle, and leatherback sea turtle;
--Potential effects on offshore submerged cultural resources;
--Noise generated as a result of pipeline construction;
--Temporary disruption of local roadways, bikeways, and fitness trails 
during construction;
--Offshore crossings of the U.S. Naval Surface Warfare training 
facilities and existing utility cables;
--Potential impacts on 0.7 acre of forested wetlands;
--Potential effect of the project on designated airport runway 
clearance zones;
--Cumulative effects of the proposed project with other projects, 
including other natural gas pipelines, which have been or may be 
proposed in the same region and similar time frames; and
--Safety of the proposed pipeline.

Public Participation and Scoping Meeting

    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 and considered by the Commission. You 
should focus on the potential environmental effects of the proposal, 
alternatives to the proposal (including alternative ), 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 Branch.
--Reference Docket No.
--Mail your comments so that they will be received in Washington, DC on 
or before December 20, 2002.

    Please note that we are continuing to experience delays in mail 
deliveries from the U.S. Postal Service. As a result,

[[Page 70592]]

we will include all comments that we receive within a reasonable time 
frame in our environmental analysis of this project. However, the 
Commission strongly 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.''
    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 . If 
you do not return the Information Request, you will be taken off the 
mailing list.
    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meeting the FERC will conduct in the 
project area. The location and time for this meeting is listed below.

  Schedule for the Ocean Express Pipeline Project Environmental Impact
                    Statement Public Scoping Meeting
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        Date and time               Location                Phone
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December 3, 2002 at 7 p.m...  I.T. Parker           (916) 973-4703
                               Community Center,
                               901 N.E. Third
                               Street, Dania
                               Beach, FL 33004.
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    The public meeting is designed to provide you with more detailed 
information and another opportunity to offer your comments on the 
proposed project. Prior to the start of the meeting, company 
representatives will be available to informally discuss the project. 
Interested groups and individuals are encouraged to attend the meeting 
and to present comments on the environmental issues they believe should 
be addressed in the Draft EIS. A transcript of the meeting will be made 
so that your comments will be accurately recorded.
    On the morning of December 4th, the staff will be visiting some 
project areas. At this time, we are still coordinating the logistical 
arrangements for the site visit. Anyone interested in participating in 
a site visit may contact the Commission's Office of External Affairs 
(866-208-FERC) for more details. Individuals must provide their own 
transportation.

Becoming an Intervenor

    In addition to involvement in the 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.
    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 , to express their interest in becoming 
cooperating agencies for the preparation of the .

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at 1-866-208-FERC, or on the 
FERC Internet website (http://www.ferc.gov)using the FERRIS link. Click 
on the FERRIS link, enter the docket number excluding the last three 
digits in the Docket Number field. Be sure you have selected an 
appropriate date range. For assistance with FERRIS, the FERRIS helpline 
can be reached at 1-866-208-3676, TTY (202) 502-8659, or at 
[email protected]. The FERRIS link on the FERC Internet 
website also provides access to the texts of formal documents issued by 
the Commission, such as orders, notices, and rulemakings.

Linwood A. Watson, Jr.,
Deputy Secretary.

[FR Doc. 02-29854 Filed 11-22-02; 8:45 am]
BILLING CODE 6717-01-P