[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 5996-5998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-450]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-80-001]


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

January 31, 2005.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of Eastern Shore Natural Gas 
Company's (ESNG) proposal to amend its certificate for its 2003-2005 
Expansion Project. ESNG proposes to construct additional facilities to 
increase its system's capacity by 7,450 Dekatherms per day. The 
facilities would consist of four new pipeline segments on ESNG's 
existing system in Chester County, Pennsylvania and New Castle, Kent, 
and Sussex Counties, Delaware.
    This notice announces the opening of the scoping period that will 
be used to gather environmental input from the public and interested 
agencies on the project. Please note that the scoping period will close 
on March 2, 2005.
    This notice is being sent to potentially affected landowners; 
Federal, state, and local government agencies; elected officials; 
environmental and public interest groups; Native American Tribes, other 
interested parties; local libraries and newspapers. State and local 
government representatives are asked to notify their constituents of 
this planned project and encourage them to comment on their areas of 
concern.
    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?'' is available for 
viewing on the FERC Web site (http://

[[Page 5997]]

www.ferc.gov). 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).

Background

    In the Commission's October 8, 2003 certificate order, ESNG was 
authorized to construct and operate certain mainline looping, upgrade a 
measuring and regulating station, and construct and operate a new 
pressure control station in three phases over a period of three years, 
2003 through 2005.
    Phase I consisted of the upgrade of the Parkesburg Measuring and 
Regulating Station in Chester County, Pennsylvania. Phase II consisted 
of construction of approximately 2.7 miles of 16-inch-diameter pipeline 
in Chester County, Pennsylvania. Phase III, as currently certificated, 
consists of approximately 3.0 miles of 16-inch-diameter pipeline. 
Construction of both Phase I and II has been completed and they are in 
service. Phase III would be constructed in 2005.
    ESNG filed its original application in April 2003. At that time 
ESNG did not foresee additional customer growth which could result in a 
forecasted deficiency of firm capacity. Therefore, by requesting an 
amendment to it's certificate, ESNG will be able to provide for it's 
customer's increased volume requirements.
    After experiencing a relatively cold January 2004 and continued 
growth of their customer base, several of ESNG's customers reviewed 
their load profiles in anticipation of responding to ESNG's most recent 
open season for 2006-2008 and realized that their current firm capacity 
entitlements were deficient under present peak day conditions. ESNG 
determined that the most practical, efficient, and effective way to 
seek authorization for the additional capacity requested by its 
customers for the 2005-2006 heating season was to request an amendment 
\1\ to the certificate issued in Docket No. CP03-80-000.
---------------------------------------------------------------------------

    \1\ ESNG's application was filed with the Commission under 
section 7 of the Natural Gas Act and part 157 of the Commission's 
regulations.
---------------------------------------------------------------------------

Summary of the Proposed Project

Segment 1--Chester County, Pennsylvania

     Segment 1 involves the installation of approximately 1.4 
miles of 16-inch-diameter loop \2\ parallel to ESNG's existing 8-inch-
diameter pipeline, located in Highland Township, Chester County, 
Pennsylvania. The proposed line ties in to the existing 8-inch-diameter 
pipeline at Glen Run Road and extends in a south-southeasterly 
direction for 1.4 miles to Lenover Road where it ties in to the 
existing 16-inch-diameter pipeline completed in 2004 as part of the 
facilities associated with Phase II of the original certificate under 
FERC Docket No. CP03-80-000. No aboveground facilities are associated 
with this segment.
---------------------------------------------------------------------------

    \2\ A loop is a segment of pipeline installed adjacent to an 
existing pipeline and which connects to the existing pipeline at 
both ends of the loop. The loop allows more gas to be moved through 
the system.
---------------------------------------------------------------------------

Segment 2--New Castle County, Delaware

     Segment 2 involves the installation of approximately 3.2 
miles of 16-inch-diameter loop near Glasgow, Delaware, in New Castle 
County. The pipeline starts at a point on Pleasant Valley Road 
approximately 0.5 mile north of Route 40 where it will become an 
extension of the 16-inch-diameter pipeline approved as part of 
facilities associated with Phase III of the original certificate. The 
pipeline route runs southerly along Pleasant Valley Road for 
approximately 0.5 mile. The pipeline route then runs easterly along the 
north side of Route 40 for approximately 0.9 mile to an existing 
pipeline right-of-way. The route then diverts off of Route 40 and runs 
southerly along an existing ESNG pipeline right-of-way for 
approximately 0.3 mile. The route then runs easterly for approximately 
0.5 mile until it intersects with Business Highway 896. The route then 
runs southerly along Business Highway 896 for approximately 0.9 mile 
until the intersection with Porter Road. The proposed pipeline then 
continues easterly along Porter Road for approximately 0.1 mile. This 
segment will include a new pressure control/regulator station to be 
constructed at MP 3.1.

Segment 3--Sussex County, Delaware

     Segment 3 involves the installation of approximately 10.3 
miles of 6-inch-diameter loop from the City of Milford to the Town of 
Milton, in Sussex County, Delaware. This segment extends from ESNG's 
existing 6-inch-diameter pipeline on the east side of the City of 
Milford along Route 14 and Business Route 1 for approximately 2.0 
miles, generally running in a southerly direction to Route 30. The 
route then continues southerly for approximately 8.0 miles along Route 
30 to an intersection with Route 16 west of the City of Milton. This 
segment has a proposed new meter and regulation station constructed at 
the southern terminus.

Segment 4--Sussex County, Delaware

     Segment 4 involves the installation of approximately 6.0 
miles of 10-inch-diameter loop parallel to ESNG's existing 6-inch-
diameter pipeline between the Towns of Laurel and Delmar in Sussex 
County, Delaware. The proposed route ties in to ESNG's existing 6-inch-
diameter pipeline south of the Town of Laurel. The route then runs 
southerly along Route 13 for roughly 6.0 miles to the Town of Delmar, 
Delaware north of the Delaware-Maryland State line. The proposed 10-
inch-diameter pipeline ties in to ESNG's existing 6-inch-diameter 
pipeline on the southern terminus as well. No aboveground facilities 
are associated with this segment.
    The location of the project facilities is shown in Appendix 1.\3\
---------------------------------------------------------------------------

    \3\ 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 
Room, 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.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed facilities would require about 220.5 
acres of land. Following construction, about 8.9 acres would be 
maintained as new above ground facility sites and right-of-way. The 
remaining 211.6 acres of land would be restored and allowed to revert 
to its former use.

The EA Process

    We \4\ are preparing this EA to comply with the National 
Environmental Policy Act (NEPA) which 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 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 staff requests public comments on 
the scope of the issues to address in the EA. All comments received are 
considered during the

[[Page 5998]]

preparation of the EA. By this notice, we are also asking Federal, 
state, and local agencies with jurisdiction and/or special expertise 
with respect to environmental issues to formally cooperate with us in 
the preparation of the EA. Agencies that would like to request 
cooperating status should follow the instructions for filing comments 
below.
---------------------------------------------------------------------------

    \4\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
---------------------------------------------------------------------------

    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.

Currently Identified Environmental Issues

    In the EA, we will discuss impacts that could occur as a result of 
the construction and operation of the project. We will also evaluate 
possible alternatives to the proposed project or portions of the 
project.
    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 ESNG. This preliminary list 
of issues may be changed based on your comments and our analysis.
    Project-related impact on:
     98 residences/structures within 50 feet of the 
construction workspace.
     1.1 acres of wetland.
     53.8 acres of agricultural land.
     Six federally-listed threatened and endangered species 
potentially in the project area.
     28 road crossings.

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 
and 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 Number CP03-80-001.
     Mail your comments so that they will be received in 
Washington, DC on or before March 2, 2005.
    Please note that 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 an account which can be created on-line.

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 send one electronic copy (using the 
Commission's eFiling system) or 14 paper 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.
---------------------------------------------------------------------------

    \5\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
---------------------------------------------------------------------------

    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

    If you wish to remain on our environmental mailing list, please 
return the Information Request Form included in Appendix 2. If you do 
not return this form, you will be removed from our mailing list.

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 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, please contact FERC Online Support at 
[email protected] or toll free at 1-866-208-3676, or for TYY, 
contact (202) 502-8659. The eLibrary link 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 http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-450 Filed 2-3-05; 8:45 am]
BILLING CODE 6717-01-P