[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Notices]
[Pages 23299-23300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10767]



[[Page 23299]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-84-000]


Transcontinental Gas Pipe Line Corporation; Notice of Intent To 
Prepare an Environmental Assessment for the Proposed Mobile Bay 
Replacement Project and Request for Comments on Environmental Issues

April 25, 2003.
    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 Mobile Bay Replacement Project 
involving construction and operation of facilities by Transcontinental 
Gas Pipe Line Corporation (Transco) in Mobile County, Alabama.\1\ These 
facilities would consist of an offset replacement of about 1.45 miles 
of 30-inch-diameter pipeline. 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\ Transco'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 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 Transco 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 Web site (http://www.ferc.gov).

Summary of the Proposed Project

    Transco intends to install the 1.45 miles of 30-inch-diameter 
pipeline in order to ensure compliance with U.S. Department of 
Transportation pipeline safety regulations. Transco would construct the 
new replacement pipeline parallel to the existing pipeline and within 
its existing right-of-way. Once construction of the new offset pipeline 
has been completed, the old pipeline would be removed and restoration 
and revegetation activities would be completed.
    The location of the 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 Web site 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.
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Land Requirements for Construction

    Construction of the proposed facilities would require about 26.2 
acres of land. Following construction, the entire work area 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. This process is referred to as ``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.
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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:

    [sbull] public safety land use
    [sbull] water resources, fisheries, and wetlands cultural resources
    [sbull] vegetation and wildlife endangered and threatened species
    [sbull] geology and soils
    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 4.

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 Transco. This preliminary 
list of issues may be changed based on your comments and our analysis.
    [sbull] Two federally listed endangered or threatened species may 
occur in the proposed project area.
    [sbull] A total of 1.6 acres of palustrine emergent or scrub-shrub 
wetlands and 1.4 acres of forested wetlands would be temporarily 
disturbed.
    [sbull] One waterbody, the Island Branch, would be crossed.
    [sbull] There would be seven residences located within 50 feet of 
the proposed construction work area, five of which would be within 25 
feet.

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 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:
    [sbull] 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.

[[Page 23300]]

    [sbull] Label one copy of the comments for the attention of Gas 
Branch 2.
    [sbull] Reference Docket No. CP03-84-000.
    [sbull] Mail your comments so that they will be received in 
Washington, DC on or before (May 28, 2003).
    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 
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.''

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 
temporary right-of-way grantors and/or landowners currently holding 
right-of-way leases. 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 project is available from the 
Commission's Office of External Affairs, at 1-866-208-FERC or on the 
FERC Internet Web site (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 Web 
site also provides access to the texts of formal documents issued by 
the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called 
eSubscription which allows you too keep track of all formal issuances 
and submittals in specific dockets. This can reduce the amount of time 
you spend researching proceedings by automatically providing you with 
notification of these filings, document summaries and direct links to 
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
[FR Doc. 03-10767 Filed 4-30-03; 8:45 am]
BILLING CODE 6717-01-P