[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Notices]
[Pages 39934-39936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16743]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP01-5-003 and CP03-305-000]


Algonquin Gas Transmission Company, Distrigas of Massachusetts 
LLC; Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed Everett Extension Project, and Request for Comments on 
Environmental Issues for the Distrigas of Massachusetts LLC Application

 June 26, 2003.
    A Notice of Intent to prepare and environmental assessment was sent 
out on March 19, 2003 for the proposed Algonquin Gas Transmission 
Company (Algonquin) application for authorization to construct and 
operate the Everett Extension Project in Suffolk County, Massachusetts. 
The purpose of this notice is to inform the public that based on the 
comments and information received during the scoping process a decision 
was made to prepare an environmental impact statement (EIS) on the 
Everett Extension Project instead of an environmental assessment. In 
addition, we \1\ are requesting comments on additional facilities 
proposed by Distrigas of Massachusetts LLC (DOMAC).
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    \1\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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    On May 22, 2003 DOMAC filed an application for a Certification of 
Public Convenience and Necessity to construct facilities in Suffolk 
County, Massachusetts to deliver regasified liquefied natural gas (LNG) 
to customers through the Everett Extension Project. We will review both 
projects in the same EIS. 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 applications, and other supplemental filings in these dockets 
are available for viewing on the FERC Internet Web site (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 numbers [CP01-5-003 (Algonquin) and CP03-305-000 
(DOMAC)].
    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 and under certain 
circumstances the pipeline company could initiate condemnation 
proceedings in accordance with Massachusetts 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 Algonquin 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 Projects

    Algonquin would construct 6.64 miles of 24-inch-diameter pipeline, 
0.31 miles of 8-inch-diameter pipeline, three meter stations, and 
appurtenant facilities. The proposal would extend the 24-inch-diameter 
Deer Island Lateral pipeline (approved on June 4, 2002, in Docket No. 
CP01-5-002, but unbuilt yet). The proposal would provide 110,000 
dekatherms per day of firm transportation service.
    Algonquin requests final authorization for the proposed facilities 
by December 15, 2003, and would construct its facilities in 2004 during 
the summer and fall, so that it could place the facilities in service 
by June 1, 2005.
    DOMAC would construct a new 300-foot-long send-out line, odorant 
system, metering system, and reconfigure its existing vaporization 
equipment. The proposed facilities would be constructed within the 
existing boundaries of the LNG terminal. DOMAC requests that the 
Commission issue a final certificate by December 1, 2003, in order to 
provide DOMAC with an in-service date for the project in time to meet 
its contractual commitments to Algonquin.
    The general locations of the project facilities are 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 Everett Extension Project would temporarily 
disturb a total of about 72.7 acres of land. This includes about 22.9 
acres offshore and 36.2 acres onshore for the pipeline construction 
right-of-way (ROW), and 13.6 acres for extra workspace and contractor 
staging areas. The total land requirements for the permanent ROW would 
be about 14.1 acres, including 1.4 acres of land for operation of the 
new aboveground facilities. The remaining 58.6 acres of land affected 
by construction would be restored and allowed to revert to its former 
use.
    Approximately 3.9 miles of the pipeline would be built onshore, and 
3.1 miles would be offshore. The offshore construction would include 
about 2.3 miles of horizontal directional drilling, and about 0.8 miles 
of shallow water dredging. The offshore disturbance would include about 
8.7 acres for trench excavation and 14.2 acres for temporarily storing 
the side-cast trench spoil. Algonquin states that most (69 percent) of 
the proposed onshore route would not require

[[Page 39935]]

Algonquin to obtain a ROW easement, since 60 percent of the route would 
be located within existing roads or utility ROW, and 9 percent would be 
on property owned by proposed customers. Algonquin would typically use 
a 50-to 75-foot-wide construction ROW. Temporary extra workspaces are 
often needed for waterbody, highway, and railroad crossings; additional 
topsoil storage; and pipe storage and equipment yards.
    DOMAC facilities would be constructed entirely within the existing 
boundaries of the LNG Plant.

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 
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. We 
have already received comments on the scope of the analysis of the 
Everett Extension Project. By this Notice of Intent, the Commission 
requests public comments on the scope of the issues it will address in 
the EIS related to the DOMAC proposed application. 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.
    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project under these general 
headings:

--water resources
--wetlands
--fisheries and essential fish habitat
--vegetation and wildlife
--endangered and threatened species
--land use, recreation, and visual resources
--cultural resources
--socioeconomics
--geologic and soil resources
--air and noise quality
--reliability and safety
--system or route alternatives
--cumulative impacts

    Our independent analysis of the issues will be in the EIS. The
    EIS 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 EIS. We will consider all comments on the EIS 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 section of this notice.

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 Algonquin, 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.

--Effect of construction on groundwater or surface water supplies;
--Potential failure of the horizontal directional drill segments, or 
inadvertent releases of drilling lubricant or hazardous materials 
during the drilling activities;
--Extent and effects of turbidity and sedimentation that may result 
from pipeline trenching or directional drilling in shallow waters;
--Potential fuel spills from the pipelay barges and associated vessel 
traffic;
--Construction and operational effects on marine and estuarine habitats 
that support commercial or recreational fisheries;
--Potential effects to wildlife and fisheries, including essential fish 
habitat and other fishery resource of concern, and other biological 
resources of concern;
--Potential effects on federally endangered and threatened species 
including the piping plover, northern right whale, humpback whale, fin 
whale, loggerhead sea turtle, green sea turtle, hawksbill sea turtle, 
Kemp's ridley sea turtle, and leatherback sea turtle;
--Potential effects to onshore and offshore submerged cultural 
resources;
--Noise generated as a result of pipeline construction;
--Temporary disruption of local roadways and recreational trails during 
construction;
--Potential effect of the project on Logan Airport operations;
--Cumulative impacts and temporal loss of habitat function from 
additive effects of the proposed project with other projects, including 
natural gas pipelines and other utilities, which have been recently 
constructed or are proposed to be built in the same region;
--Public safety in the vicinity of the proposed facilities.

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 EIS 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 the Gas Branch 2.
--Reference Docket Nos. CP01-5-003 and CP03-305-000.
--Mail your comments so that they will be received in Washington, DC on 
or before July 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.''
    If you do not want to send comments at this time but still want to 
remain on

[[Page 39936]]

our mailing list, please return the Information Request (Appendix 3). 
If you do not return the Information Request, you will be taken off the 
mailing list.

Becoming an Intervenor

    In addition to involvement in the EIS 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) \3\. Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \3\ 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 ROW 
grantors.

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 
FERCOnLineSupport@ferc,gov. 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.

Magalie R. Salas,
Secretary.
[FR Doc. 03-16743 Filed 7-2-03; 8:45 am]
BILLING CODE 6717-01-P