[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Notices]
[Pages 33115-33117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13738]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-80-000]


Eastern Shore Natural Gas Company; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed 2003-2005 System Expansion 
Project and Request for Comments on Environmental Issues

May 27, 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 2003-2005 System Expansion 
Project involving construction and operation of natural gas pipeline 
facilities by Eastern Shore Natural Gas Company (Eastern Shore) in 
Chester County, Pennsylvania and New Castle County, Delaware.\1\ These 
facilities consist of about 5.7 miles of 16-inch-diameter loop,\2\ 
modification to an existing meter station, and construction of a new 
pressure regulator. Construction would be done in three phases from the 
fall of 2003 through 2005. The 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\ Eastern Shores's application was filed with the Commission 
on April 1, 2003, under section 7 of the Natural Gas Act and part 
157 of the Commission's regulations.
    \2\ A loop is a segment of pipeline that is installed adjacent 
to an existing pipeline and connected to it on both ends. The loop 
allows more gas to be moved through the pipeline system.
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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 Eastern Shore 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

    Eastern Shore proposes to increase the capacity of its facilities 
in Southeastern Pennsylvania and Delaware to supply increased 
quantities of natural gas to existing local distribution customers. 
This project would allow Eastern Shore to deliver an additional 15,100 
Dekatherms per day (Dt/d) of gas to these customers.
    Eastern Shore proposes to construct the project in three phases. 
Phase I would upgrade the Parkesburg Meter Station and increase 
capacity 3,800 Dt/d. Phase II, constructed in 2004, would consist of 
2.7 miles of 16-inch-diameter loop in Chester County, Pennsylvania and 
would supply an additional 4,700 Dt/d. Phase III, constructed in 2005, 
would consist of 3.0 miles of 16-inch-diameter loop and a pressure 
regulator supplying an additional 6,600 Dt/d.

[[Page 33116]]

    The general location of Eastern Shore's proposed facilities is 
shown on the maps attached as appendix 1.\3\
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    \3\ 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 ``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 Eastern Shore's proposed facilities would require 
about 51.3 acres of land, including construction right-of-way for the 
loops, the meter station, and extra work areas needed for pipe storage 
yards, staging areas, and warehouse sites. The majority of the loops 
would be constructed directly adjacent to Eastern Shore's existing 
rights-of-way. For the construction of the loops, Eastern Shore 
proposes to use a 75-foot-wide construction right-of-way, which 
includes a 35-foot overlap of the existing right-of-way for workspace 
and temporary spoil storage. About 22.2 acres would be maintained as 
permanent right-of-way. Construction access to Eastern Shore's project 
generally would use the construction right-of-way and existing road 
network.

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 
\4\ 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 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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    \4\ ``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] Geology and soils
    [sbull] Water resources and wetlands
    [sbull] Vegetation and wildlife
    [sbull] Threatened and endangered species
    [sbull] Cultural resources
    [sbull] Land use
    [sbull] Reliability and safety
    We will 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 8.

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 Eastern Shore. This 
preliminary list of issues may be changed based on your comments and 
our analysis.

[sbull] Resources and Wetlands
    --Crossing 8 perennial waterbodies.
    --Crossing 15 wetlands, including 0.6 acres of forested wetlands.
[sbull] Vegetation
    --Clearing 3.8 acres of upland forest.
[sbull] Threatened and Endangered Species
    --One Federally-listed amphibian specie.
[sbull] Land Use
    --33 residences located within 50 feet of the construction work 
area.

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 
or 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 Branch 1; Reference Docket No. CP03-80-000; and 
Mail your comments so that they will be received in Washington, DC on 
or before June 27, 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).\5\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \5\ 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

[[Page 33117]]

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 the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.

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. 03-13738 Filed 6-2-03; 8:45 am]
BILLING CODE 6717-01-P