[Federal Register Volume 69, Number 16 (Monday, January 26, 2004)]
[Notices]
[Pages 3576-3578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-106]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP04-49-000]


Dominion Transmission, Inc.; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Fink Capacity Maintenance 
Project and Request for Comments on Environmental Issues and Notice of 
Site Visit

January 16, 2004.
    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 Fink Capacity Maintenance 
Project involving construction and operation of facilities by Dominion 
Transmission, Inc. (DTI) in the Fink Storage Field in Lewis County, 
West Virginia.\1\ These facilities would consist of about 8.6 miles of 
various diameter pipeline and a launcher and receiver. 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\ DTI'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 DTI 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 (www.ferc.gov).

Summary of the Proposed Project

    DTI proposes to protect the storage operation from migration of gas 
beyond the storage pool (Fink, Kennedy, and

[[Page 3577]]

Lost Creek storage reservoirs [FKLC]) by expanding the active reservoir 
boundary and adding a protective boundary around the active storage 
pool boundary and control and capture storage gas moving from the FKLC 
gas storage pool into the Fink Oil Field. DTI proposes to accomplish 
this by converting 15 oil field wells to active storage withdrawal use 
only and connecting them to the existing Sweeney Compressor Station for 
recycling operation. DTI is not seeking to change either the capacity 
or the deliverability of the Fink Storage Field. DTI proposes to 
construct project facilities and activities over a phased period from 
2004 through 2006:
     Retest 1,010 feet of an existing 20-inch-
diameter line (TL-344) connecting to the existing Sweeney Compressor 
Station;
     Install and test two 6-inch-diameter well lines 
totaling about 1,850 feet;
     Install and test about 26,350 feet of 12-inch-
diameter line (TL-343);
     Replace and test 18 existing well pipelines 
(about 9,750 feet of 4-inch-diameter line and about 6,600 feet of 6-
inch-diameter line to be replaced with a 16,350-foot of 6-inch-diameter 
line);
     Utilize one pipe yard;
     Construct two launcher/receiver sites;
     Convert 15 wells to active storage use; and
     Expand the boundary of the storage reservoir by 
a total of about 3,163 acres in 7 areas.
    DTI indicates that it would also install appurtenant facilities 
pursuant to section 2.55(a) of the Commission's regulations, and 12 1-
inch-diameter lines on behalf of consumers under the Commission's part 
157 pipeline blanket certificate authorized in Docket No. CP82-537-000. 
DTI indicates that it would at the request of a landowner abandon and 
remove about 1,340 feet of line H-19529 associated with an existing oil 
well. DTI indicates that this activity is not subject to the 
Commission's jurisdiction.
    DTI indicates that the project would ``protect the Fink storage 
operation from both migration of storage gas beyond the storage pool 
boundaries and third party drilling encroachment, by expanding the 
active reservoir boundary and adding a protective boundary around the 
active storage pool.''
    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 of all appendices, other 
than appendix 1 (maps), are available on the Commission's Web site 
at the ``eLibrary'' 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 
eLibrary 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 disturb about 77.2 
acres of land. Following construction, about 1.0 acre would be 
maintained as new aboveground facility sites.

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:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species;
     Hazardous waste;
     Public safety.
    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 below.

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 DTI. This preliminary list of 
issues may be changed based on your comments and our analysis.
     Blasting may be required in areas of the 
project.
     Five water wells would be located within 150 
feet of the work areas.
     Residents may be affected by noise from 
completion work required for 15 well conversions.
     Crossing 51 perennial and 3 intermittent 
waterbodies, including Dry Fork, Wolf Run, Straight Run, and Fink 
Creek.
     Disturbing less than 0.3 acre of wetlands.
     Disturbing about 22 acres of forested land, 7.1 
acres of which would be permanently converted to scrub/shrub or open 
land.
     Crossing potential habitat for the Indiana bat.
    Also, we have made a preliminary decision to not address the 
impacts of the nonjurisdictional facilities. We will briefly describe 
their location and status in the EA.

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/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 2.

[[Page 3578]]

     Reference Docket No. CP04-49-000.
     Mail your comments so that they will be received 
in Washington, DC on or before February 17, 2004.
    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 on-line.
    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 
(appendix 4). If you do not return the Information Request, you will be 
taken off the mailing list.

Notice of Site Visit

    The OEP staff will conduct a site visit on February 3, 2004, and if 
needed February 4, 2004, to inspect DTI's proposed route and potential 
alternative routes for the Fink Capacity Maintenance Project. The areas 
will be inspected by automobile. Representatives of DTI will accompany 
the OEP staff. Anyone interested in participating in the site visit 
should meet at Jackson's Mill Assembly Hall, Jackson Mill Road, Weston, 
West Virginia 26452, at 12 p.m. Participants must provide their own 
transportation.
    For additional information, contact the Commission's Office of 
External Affairs at 1-866-208-FERC.

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

    An effort is being made to send this notice to all individuals, 
organizations, and government entities interested in and/or potentially 
affected by the proposed project. This includes all landowners who are 
potential right-of-way grantors, whose property may be used temporarily 
for project purposes, or who own homes within distances defined in the 
Commission's regulations of certain aboveground facilities. 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 (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, contact FERC On Line Support 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 which 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. Go to www.ferc.gov/esubscribenow.htm.
    Finally, 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.

Linda Mitry,
Acting Secretary.
[FR Doc. E4-106 Filed 01-23-04; 8:45 am]
BILLING CODE 6717-01-P