[Federal Register Volume 69, Number 211 (Tuesday, November 2, 2004)]
[Notices]
[Pages 63514-63516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24404]


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DEPARTMENT OF ENERGY

[Docket No. PP-89-1]


Notice of Intent To Prepare an Environmental Impact Statement and 
To Conduct Public Scoping Meetings and Notice of Floodplain and 
Wetlands Involvement; Bangor Hydro-Electric Company

AGENCY: Department of Energy (DOE).

ACTION: Notice of intent to prepare an environmental impact statement 
and to conduct public scoping meetings, and notice of floodplain and 
wetlands involvement.

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SUMMARY: Bangor Hydro-Electric Company (BHE) has applied to DOE to 
amend Presidential Permit PP-89, which authorizes BHE to construct a 
single-circuit 345,000-volt (345-kV) electric transmission line across 
the U.S. international border in the vicinity of Baileyville, Maine. 
The proposed transmission line would originate at BHE's existing 
Orrington Substation, located in Orrington, Maine, and extend eastward 
approximately 85 miles to the international border between the United 
States and Canada where it would connect with similar facilities to be 
owned by New Brunswick Power Corporation (NB Power). DOE has determined 
that amendment of the Presidential permit would constitute a major 
Federal action that may have a significant impact upon the environment 
within the meaning of the National Environmental Policy Act of 1969 
(NEPA). For this reason, DOE intends to prepare an environmental impact 
statement (EIS) entitled, ``The Northeast Reliability Interconnect'' 
(DOE/EIS-0372), to address potential environmental impacts from the 
proposed action and the range of reasonable alternatives.
    The purpose of this Notice of Intent is to inform the public about 
the proposed action, announce plans to conduct three public scoping 
meetings in the vicinity of the proposed transmission line, invite 
public participation in the scoping process, and solicit public 
comments for consideration in establishing the scope and content of the 
EIS. Because the proposed project may involve an action in a floodplain 
or wetland, the draft EIS will include a floodplain and wetlands 
assessment and the final EIS or record of decision will include a 
floodplain statement of findings in accordance with DOE regulations for 
compliance with floodplain and wetlands environmental review 
requirements (10 CFR part 1022).

DATES: DOE invites interested agencies, organizations, Native American 
tribes, and members of the public to submit comments or suggestions to 
assist in identifying significant environmental issues and in 
determining the appropriate scope of the EIS. The public scoping period 
starts with the publication of this notice in the Federal Register and 
will continue until December 2, 2004. Written and oral comments will be 
given equal weight, and DOE will consider all comments received or 
postmarked by December 2, 2004, in defining the scope of this EIS. 
Comments received or postmarked after that date will be considered to 
the extent practicable.
    Dates for the public scoping meetings are:
    1. November 17, 2004; 7 p.m. to 9 p.m., Baileyville, Maine.
    2. November 18, 2004; 1 p.m. to 3 p.m., South Lincoln, Maine.
    3. November 18, 2004; 7 p.m. to 9 p.m., Brewer, Maine.
    Requests to speak at a public scoping meeting(s) should be received 
by Dr. Jerry Pell at the addresses indicated below on or before 
November 10, 2004. Requests to speak may also be made at the scoping 
meetings when registering for the meetings. However, persons who 
submitted advance requests to speak will be given priority if time 
should be limited during the meetings.

ADDRESSES: Written comments or suggestions on the scope of the EIS and 
requests to speak at the scoping meeting(s) should be addressed to: Dr. 
Jerry Pell, Office of Fossil Energy (FE-27), U.S. Department of Energy, 
1000 Independence Avenue, SW., Washington DC 20585; facsimile: 202-318-
7761, or electronic mail at [email protected].
    Please note that regular postal mail to DOE tends to be delayed 
because of anthrax screening. In order to avoid these delays, if you 
wish to comment by mail, we suggest that your response be submitted 
either by using overnight service, or that your letter first be sent to 
us by fax or e-mail, and then followed by regular mailing of the 
original documents.
    The locations of the scoping meetings are:
    1. Woodland Elementary School, 23 Fourth Avenue, Baileyville, 
Maine.
    2. Mattanawcook Academy, 33 Reed Drive, Lincoln, Maine.
    3. Jeff's Catering Banquet & Convention Center, East West 
Industrial Park, 5 Coffin Avenue, Brewer, Maine.

FOR FURTHER INFORMATION CONTACT: For information on the proposed 
project or to receive a copy of the Draft EIS when it is issued, 
contact Dr. Pell by any of the means listed in the ADDRESSES section of 
this notice. The main text of the BHE application is on the DOE Fossil 
Energy Web site at http://fossil.energy.gov/programs/electricityregulation, under Pending Proceedings and PP-89-1. The 
complete BHE application, including associated maps and drawings, can 
be obtained by contacting Dr. Jerry Pell as noted in the ADDRESSES 
section above. Additional information and a description of the proposed 
project may be found on the BHE project Web site at http://www.bhe.com/nri.
    For general information on the DOE NEPA review process, contact:
    Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance 
(EH-42), U.S. Department of Energy, Washington, DC 20585; phone: 202-
586-4600 or leave a message at 800-472-2756; facsimile: 202-586-7031.

[[Page 63515]]


SUPPLEMENTARY INFORMATION:

Background and Need for Agency Action

    Executive Order 10485, as amended by Executive Order 12038, 
requires that a Presidential permit be issued by DOE before electric 
transmission facilities may be constructed, operated, maintained, or 
connected at the U.S. international border. The Executive Order 
provides that a Presidential permit may be issued after a finding that 
the proposed project is consistent with the public interest and after 
concurrence by the Departments of State and Defense. In determining 
consistency with the public interest, DOE considers the impacts of the 
proposed project on the reliability of the U.S. electric power system 
and on the environment. The regulations implementing the Executive 
Order have been codified at 10 CFR 205.320-205.329. Issuance of the 
permit indicates that there is no Federal objection to the project, but 
does not mandate that the project be completed.
    BHE originally applied to DOE for a Presidential permit on December 
16, 1988. DOE published a notice of that application in the Federal 
Register on January 19, 1989 (54 FR 2201), and a Notice of Intent to 
Prepare an Environmental Impact Statement and to Conduct Public Scoping 
Meetings in the Federal Register on May 22, 1989 (54 FR 22006). In 
December 1993, DOE published the draft EIS titled, ``Construction and 
Operation of the Proposed Bangor Hydro-Electric Company's Second 345-kV 
Transmission Tie Line to New Brunswick.'' (DOE/EIS-0166). DOE issued a 
final EIS in August 1995, and in a record of decision signed on January 
18, 1996 (61 FR 2244), decided to grant Presidential Permit PP-89.
    On January 22, 1996, DOE issued Presidential Permit PP-89 
authorizing BHE to construct, operate, maintain, and connect a 345-kV 
electric transmission line that would extend eastward approximately 85 
miles from BHE's existing Orrington Substation to the U.S.-Canada 
border near Baileyville, Maine. At the border, the proposed 
transmission line was to connect to similar facilities to be built by 
NB Power, a Crown corporation of Canada's Province of New Brunswick. 
However, the authorized facilities have not been constructed.
    On September 30, 2003, BHE applied to DOE to amend Presidential 
Permit PP-89 to allow for the construction of the project along a 
different route than those routes analyzed in the 1995 EIS. Since the 
issuance of PP-89, a natural gas transmission line has been constructed 
by Maritimes & Northeast Pipeline, L.L.C., in the same general vicinity 
as the BHE project and in a corridor approved by the State of Maine 
Department of Environmental Protection. The Board of Environmental 
Protection, Maine's primary environmental review entity, now has 
indicated its preference for BHE to consolidate the location of all 
utility facilities in the area by constructing the proposed electric 
transmission line along a route more closely aligned with the existing 
pipeline corridor.
    The international transmission line now proposed by BHE is 
identical in design to the line originally analyzed in the 1995 EIS and 
authorized in Presidential Permit PP-89. It would be a single-circuit 
345-kV alternating current transmission line consisting of two overhead 
shield wires and three phases with two conductors per phase. The 
transmission line is proposed to have a thermal capacity of at least 
1,000 megawatts. The line would originate at BHE's existing Orrington 
Substation and extend eastward approximately 85 miles, crossing the 
U.S.-Canada border near Baileyville, Maine. In Canada, the BHE 
facilities would interconnect with similar facilities to be owned by NB 
Power and continue approximately 60 miles to the switchyard at the 
Point Lepreau Nuclear Generating Station. Canada's National Energy 
Board authorized construction of the Canadian portion of the facilities 
in May 2003. The proposed transmission line project that will be the 
subject of this EIS differs from the original project only in the 
proposed routes between the Orrington Substation and the international 
border crossing near Baileyville, Maine.
    BHE has identified four alternative routes for constructing the 
proposed transmission line: (1) The Consolidated Corridors route; (2) 
the Previously Permitted route; (3) the Maine Electric Power Company 
(MEPCO) South route; and (4) BHE's Preferred route. BHE states that it 
has identified its preferred alternative by working with 
representatives of large landowners, operators of nearby electric and 
pipeline utility facilities, state and Federal agencies, local tribes, 
and interest groups to develop a matrix of environmental factors to 
consider for route selection. BHE also states that it considered 
stakeholder and public input it received through outreach efforts, mail 
communications, and electronically via the BHE project Web site. BHE 
states that the environmental factors it considered in selecting its 
preferred alternative included land use, wetlands and water bodies, 
flora, fauna, fisheries, recreational and visual considerations, and 
cultural resources.
    All alternative routes originate at the Orrington Substation and 
generally parallel an existing MEPCO transmission line and Maritimes & 
Northeast Pipeline for approximately 12 miles until they reach 
Blackman's Stream.
    Consolidated Corridors route: From Blackman's Stream, this route 
continues northward paralleling the existing MEPCO transmission line 
and the Maritimes & Northeast Pipeline for an additional 8 miles until 
reaching Stud Mill Road. At Stud Mill Road, this route turns eastward 
generally paralleling Stud Mill Road and the Maritimes & Northeast 
Pipeline right-of-way for a distance of approximately 65 miles. The 
line would cross the international border at Baileyville, Maine, at the 
location previously permitted in PP-89.
    Previously Permitted Route: From Blackman's Stream, this route 
turns eastward for approximately 3.5 miles before turning northward 
until it meets Stud Mill Road. This route then generally follows Stud 
Mill Road, but deviates from it in several locations before it crosses 
the international border at Baileyville, Maine.
    MEPCO South Route: From Blackman's Stream, this route continues 
north to Chester along the MEPCO line. The route then heads east 
roughly paralleling State Route 6 before crossing the international 
border at Baileyville, Maine.
    BHE's Preferred route: This route incorporates a majority of the 
Consolidated Corridors route but deviates from it in two locations 
based on input received from various stakeholders. BHE's preferred 
route follows the three other alternative routes from Orrington 
Substation until it reaches Blackman's Stream. From Blackman's Stream, 
this route follows the Previously Permitted route until Stud Mill Road, 
at which point it then follows the Consolidated Corridors route until 
the vicinity of the Maritimes & Northeast Pipeline Baileyville 
Compressor Station. Near the compressor station, the line deviates to 
the north of the Consolidated Corridors route to maintain approximately 
3600 feet of separation between the transmission line and the 
Baileyville Compressor Station.
    All four alternative routes would cross primarily commercial forest 
in regrowth. All four alternative routes also would cross 100-year 
floodplains and wetlands, including some waterfowl and wading bird 
habitat. The MEPCO South Route would cross the Penobscot River. All 
alternatives would cross both

[[Page 63516]]

perennial and intermittent streams, and may cross the Machias, East 
Machias and Narraguagus Rivers or associated tributaries, depending on 
the alternative. Project activities would include clearing rights-of-
way and access roads, digging tower footings, setting transmission 
towers, seeding/mulching and other erosion control work, and hanging 
transmission wires.
    The EIS will consider the environmental impacts of constructing the 
proposed transmission line along these alternative routes and the No 
Action alternative. Under the No Action alternative, the EIS will 
analyze the impacts associated with ``no action.'' Because the proposed 
action is the amendment of Presidential Permit PP-89 to allow 
construction of the proposed transmission line over a different route 
from that authorized by the permit, ``no action'' means that the permit 
would not be amended and that the original permit would remain in 
effect. This would mean that the proposed transmission line could be 
constructed only over the Previously Permitted route.
    However, the EIS will consider any additional reasonable 
alternatives that result from comments received in response to the 
scoping process described in this notice. One alternative already 
identified by DOE is the rescission of Presidential Permit PP-89. 
Rescission of the permit would mean that the permitted transmission 
line could not be constructed. This alternative will address the 
environmental impacts that are reasonably foreseeable to occur if 
Presidential Permit PP-89 is rescinded but no new permit is issued. 
However, this would not necessarily result in maintenance of the status 
quo or no environmental impacts. It is possible that BHE and/or NB 
Power may take other actions to achieve the purpose of this project if 
the permitted or proposed transmission line is not built.

Identification of Environmental Issues

    The purpose of this notice is to solicit comments and suggestions 
for consideration in the preparation of the EIS. As background for 
public comment, this notice contains a list of potential environmental 
issues that DOE has tentatively identified for analysis. This list is 
not intended to be all-inclusive or to imply any predetermination of 
impacts. Following is a preliminary list of issues that may be analyzed 
in the EIS:
    (1) Socioeconomic and recreational impacts of development of the 
land tracts and their subsequent uses;
    (2) Impacts on protected, threatened, endangered, or sensitive 
species of animals or plants or their critical habitats, including the 
bald eagle, Atlantic salmon, and shortnose sturgeon;
    (3) Impacts on floodplains and wetlands;
    (4) Impacts on archaeological, cultural, or historic resources;
    (5) Impacts on human health and safety;
    (6) Impacts on existing and future land uses;
    (7) Visual impacts; and
    (8) Disproportionately high and adverse impacts on minority and 
low-income populations, also known as environmental justice 
considerations.

Scoping Process

    Interested parties are invited to participate in the scoping 
process, both to refine the preliminary alternatives and environmental 
issues to be analyzed in depth, and to eliminate from detailed study 
those alternatives and environmental issues that are not feasible or 
pertinent. The scoping process is intended to involve all interested 
agencies (Federal, state, county, and local), public interest groups, 
Native American tribes, businesses, and members of the public. 
Potential cooperating agencies may include but may not be limited to 
the U.S. Department of the Interior's Fish and Wildlife Service and 
Bureau of Indian Affairs, the National Marine Fisheries Service, the 
State of Maine Department of Environmental Protection, and the U.S. 
Army Corps of Engineers. Public scoping meetings will be held at the 
locations, dates, and times indicated above under the DATES and 
ADDRESSES sections. These scoping meetings will be informal. The 
presiding officer will establish only those procedures needed to ensure 
that everyone who wishes to speak has a chance to do so and that DOE 
understands all issues and comments. Speakers will be allocated 
approximately 5 minutes for their oral statements. Depending upon the 
number of persons wishing to speak, the presiding officer may allow 
longer times for representatives of organizations. Consequently, 
persons wishing to speak on behalf of an organization should identify 
that organization in their request to speak. Persons who have not 
submitted a request to speak in advance may register to speak at the 
scoping meeting(s), but advance requests are encouraged. Meetings will 
begin at the times specified and will continue until all those present 
who wish to participate have had an opportunity to do so. Should any 
speaker desire to provide for the record further information that 
cannot be presented within the designated time, such additional 
information may be submitted in writing by the date listed in the DATES 
section. Oral, written, and electronic (i.e., by facsimile or by e-
mail) comments will be impartially considered and given equal weight by 
DOE.

Draft EIS Schedule and Availability

    The Draft EIS is scheduled to be issued in June 2005, at which time 
its availability will be announced in the Federal Register and local 
media and public comments again will be solicited. The Draft EIS will 
be made available for public inspection at several public libraries and 
reading rooms in Maine, and notice of these locations will be provided 
in the Federal Register and local media at a later date. However, 
readers are cautioned that many considerations enter into the 
preparation of the Draft EIS and the actual issuance date may differ 
from the above.
    People who do not wish to submit comments or suggestions at this 
time but who would like to receive a copy of the Draft EIS for review 
and comment when it is issued should notify Dr. Pell as provided in the 
ADDRESSES section above.

    Issued in Washington, DC, on October 27, 2004.
Steven V. Cary,
Acting Assistant Secretary, Office of Environment, Safety and Health.
[FR Doc. 04-24404 Filed 11-1-04; 8:45 am]
BILLING CODE 6450-01-P