[Federal Register Volume 69, Number 7 (Monday, January 12, 2004)]
[Notices]
[Pages 1714-1716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-35]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP04-36-000, CP04-41-000, and PF03-4-000]


Weaver's Cove Energy, L.L.C. and Mill River Pipeline, L.L.C.; 
Notice of Status Change of Environmental Review and Expiration of 
Scoping Period for the Proposed Weaver's Cove LNG Project

December 31, 2003.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of Weaver's Cove Energy L.L.C.'s 
and Mill River Pipeline L.L.C.'s (collectively referred to as Weaver's 
Cove) proposed Weaver's Cove LNG Project, which includes facilities in 
Fall River, Somerset, Swansea, and Freetown, Massachusetts. On December 
30, 2003, the Commission gave notice that on December 19, 2003, in 
Docket Nos. CP04-36-000 and CP04-41-000, Weaver's Cove's applications 
were filed with the Commission under section 3 and section 7 of the 
Natural Gas Act and part 153, part 157, and part 284 of the 
Commission's regulations. That notice gave a deadline of January 13, 
2004, for the filing of motions to intervene, protests and comments.
    The instant notice announces a final opportunity for interested 
stakeholders to submit comments on the Weaver's Cove LNG Project before 
the close of the scoping period. Details on how to submit written 
comments are provided in the public participation section of this 
notice. Please note that the scoping period will close on January 30, 
2004.
    We \1\ are sending this notice to residences within 0.5 mile of the 
proposed LNG terminal site; potentially-affected landowners along the 
proposed pipeline routes; Federal, State, and local government 
agencies; elected officials; environmental and public interest groups; 
Native American tribes; and local libraries and newspapers. We have 
asked State and local government representatives to notify their 
constituents of this planned action and encourage them to comment on 
their areas of concern.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Office of Energy Projects.
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Summary of the Proposed Project

    Weaver's Cove proposes to construct and operate a liquefied natural 
gas (LNG) import terminal and natural gas pipelines to import LNG and 
deliver a baseload sendout of 400 million cubic feet per day (MMcf/d), 
and a peak sendout of 800 MMcf/d to markets in New England. The 
facilities would consist of:
    [sbull] A pier and unloading facilities capable of receiving LNG 
tankers with a capacity of up to 145,000 cubic meters;
    [sbull] One LNG storage tank with a capacity of 200,000 cubic 
meters (4.4 billion cubic feet of gas equivalent);
    [sbull] Four shell and tube vaporizers supplied by 12 natural gas 
fired heaters;
    [sbull] Four truck loading stations to deliver LNG to other storage 
facilities in the northeastern United States;
    [sbull] Ancillary utilities, buildings, and service facilities;
    [sbull] Two 24-inch-diameter pipelines (the 2.52-mile-long Western 
Pipeline and the 3.6-mile-long Northern Pipeline) to interconnect with 
the Algonquin Gas Transmission Company pipeline system; and
    [sbull] Two meter and regulation stations.
    A map depicting the proposed terminal site and the two pipeline 
routes is provided in appendix 1.\2\ \3\
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    \2\ Requests for detailed maps of the facilities may be made to 
the company directly. Call or e-mail: local 508-678-5700, toll free 
1-877-633-5700, or [email protected]. Be as specific as you can 
about the location(s) of your area(s) of interest.
    \3\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of all appendices are 
available on the Commission(s website (http://www.ferc.gov) at the 
(eLibrary( link or from the Commission(s Public Reference and Files 
Maintenance Branch, 888 First Street, NE., Washington, DC 20426, or 
call at (202) 502-8371. For instructions on connecting to eLibrary 
refer to the last two pages of this notice. Copies of the appendices 
were sent to all those receiving this notice in the mail.
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    Weaver's Cove is requesting approval to begin construction of the 
LNG facilities by late 2004. The approximate duration of construction 
of the terminal facilities would be 3 years. The duration of pipeline 
construction would be approximately 5 months. Weaver's Cove proposes to 
place the project in service in the fourth quarter of 2007.

Land Requirements

    The proposed LNG terminal would be on a 73-acre site zoned for 
industrial use on the Taunton River in Fall River, Massachusetts. The 
site has been formerly used as an oil refinery and a marine import 
terminal for petroleum products. The riverfront areas of the site are 
in a Designated Port Area as defined by the Massachusetts Coastal Zone 
Management plan.
    The project would also require maintenance and improvement dredging 
of approximately 7 miles of the Federal Navigation Channel within Mount 
Hope Bay and the Taunton River and a turning basin within the Taunton 
River to enable the LNG tankers to access the proposed site. The 
dredging would occur in Massachusetts and Rhode Island. The total 
volume of dredging including overdredge is anticipated to be about 
2,500,000 cubic yards. Weaver's Cove is proposing to reuse the dredged 
material at the terminal site as general fill material and would create 
landforms with the material to provide a visual barrier. Dredge 
disposal alternatives being investigated by Weaver's Cove include 
confined aquatic disposal cell, confined disposal, or ocean disposal 
methods.

The EIS Process

    The Commission will be the lead Federal agency for this EIS process 
which is being conducted to satisfy the requirements of the National 
Environmental Policy Act (NEPA). The Commission will use the EIS to 
consider the environmental impacts that could result if it issues a 
Certificate of Public Convenience and Necessity under section 7, and an 
import authorization under section 3, of the Natural Gas Act for the 
proposed project. The U.S. Army Corps of Engineers, the U.S. 
Environmental Protection Agency, Region 1, and the U.S. Coast Guard 
have agreed to be cooperating agencies and will use the EIS in their 
decision-making processes. The EIS will also be used by the 
Massachusetts Executive Office of Environmental Affairs (EOEA) pursuant 
to a Special Review Procedure established by the Secretary of 
Environmental Affairs to comply with the Massachusetts Environmental 
Policy Act regulations.
    By this notice, we are formally requesting additional comments and 
announcing the closing of the process referred to as ``scoping.'' The 
main goal of the scoping process is to focus the analysis in the EIS on 
the important environmental issues. We are soliciting input from the 
public and interested agencies to help us focus the analysis in

[[Page 1715]]

the EIS on the potentially significant environmental issues related to 
the proposed action. All comments received will be considered during 
the preparation of the EIS which will include our independent analysis 
of the identified issues.
    For the Weaver's Cove LNG Project, the scoping process began on May 
2, 2003, with an interagency meeting in Fall River, Massachusetts to 
discuss the project and the environmental review process with Weaver's 
Cove and other key Federal and state agencies. On July 11, 2003, the 
Commission issued a Notice of Intent to Prepare an EIS for the proposed 
Weaver's Cove LNG Project, request for comments on environmental 
issues, and notice of joint public scoping meeting (NOI). The FERC 
staff subsequently conducted a joint public scoping meeting with the 
Massachusetts EOEA in Swansea, Massachusetts on July 29, 2003, to 
receive oral comments and concerns about the project.
    Prior to receipt of a formal application, the NOI announced that 
the FERC Staff was initiating its NEPA Pre-filing review on Weaver's 
Cove's project under Docket No. PF03-4-000.\4\ The purpose of the 
FERC's NEPA Pre-filing Process is to: (1) Establish a framework for 
constructive discussion between the project proponents, potentially 
affected landowners, agencies, and the Commission staff; (2) encourage 
the early involvement of interested stakeholders to identify issues and 
study needs; and (3) attempt to identify and resolve issues early, 
before an application is filed with the FERC.
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    \4\ To view the NOI and any information filed under PF03-4-000, 
follow the instructions for using the eLibrary link at the end of 
this notice.
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    Our independent analysis of the proposed project will be included 
in a draft EIS. The draft EIS will be published and mailed to Federal, 
State, and local agencies, public interest groups, interested 
individuals, affected landowners, Native American tribes, newspapers, 
libraries, and the Commission's official service list for this 
proceeding. A 45-day comment period will be allotted for review of the 
draft EIS. We will consider all timely comments on the draft EIS and 
revise the document, as necessary, before issuing the final EIS. In 
addition, we will consider all comments on the final EIS before we make 
our recommendations to the Commission.
    With this notice, we are asking other Federal, State, local, and 
tribal agencies with jurisdiction and/or special expertise with respect 
to the environmental issues to formally cooperate with us in the 
preparation of the EIS. These agencies may choose to participate once 
they have evaluated the proposal relative to their responsibilities. 
Agencies which would like to request cooperating status should follow 
the instructions for filing comments described later in this notice.
    If you are an affected property owner receiving this letter, a 
Weaver's Cove representative may contact you about the acquisition of 
an easement to construct, operate, and maintain the planned facilities. 
You may have already been contacted by Weaver's Cove about the Weaver's 
Cove LNG Project. A fact sheet has been prepared by the FERC entitled 
``An Interstate Natural Gas Facility On My Land? What Do I Need To 
Know?'' 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).

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. If you provided comments to us 
during the pre-filing period, you do not need to resubmit them. For 
those who will submit comments for the first time, you should focus 
your comments on the potential environmental effects, reasonable 
alternatives (including alternative locations), and measures to avoid 
or lessen environmental impact. The more specific your comments, the 
more useful they will be. To ensure that your comments are timely and 
properly recorded, please mail your comments so they will be received 
in Washington, DC on or before January 30, 2004, and carefully follow 
these instructions:
    [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;
    [sbull] Label one copy of your comments for the attention of Gas 
Branch 1; and
    [sbull] Reference Docket Nos. CP04-36-000 and CP04-41-000 on the 
original and both copies.
    The Commission strongly encourages you to file your comments 
electronically via the Internet, in lieu of paper. 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 by clicking on ``Login to File'' and then ``New User 
Account.'' You will be asked to select the type of filing you are 
making. This filing is considered a ``Comment on Filing.''

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. As 
mentioned before, the Commission issued on December 30, 2003, a notice 
announcing the filing of the applications and a deadline of January 13, 
2004, to file motions to intervene, protests and comments in this 
proceeding.
    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.

Availability of Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at 1-866-208 FERC (3372) or on 
the FERC Internet Web site (http://www.ferc.gov) using the eLibrary 
link. Click on the eLibrary link, click on ``General Search'' and 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 eLibrary, the eLibrary helpline can be reached at 1-
866-208-3676, TTY (202) 502-8659, or at [email protected]. The 
eLibrary 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 that allows you to 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. To register for this service, go to http://www.ferc.gov/esubscribenow.htm.
    Weaver's Cove has established an Internet Web site for this project 
at http://www.weaverscoveenergy.com. The Web site includes a 
description of the project, an overview map of the terminal site and 
pipeline routes, and a

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link for the public to submit comments on the project. Weaver's Cove 
will continue to update its website with information about the project, 
and will always accept comments.
    Finally, any future public meetings or site visits will be posted 
on the Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

Magalie R. Salas,
Secretary.
[FR Doc. E4-35 Filed 1-9-04; 8:45 am]
BILLING CODE 6717-01-P