[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67158-67161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6116]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP05-130-000; CP05-132-000; CP05-131-000; Corps 
Application  CENAB-OP-RMS200565510-4]


U.S. Army Corps of Engineers, Baltimore District; Dominion Cove 
Point LNG, LP; Dominion Transmission, Inc; Notice of Availability of 
the Draft Environmental Impact Statement, Draft General Conformity 
Determination, and U.S. Army Corps Of Engineers Public Notice for the 
Proposed Cove Point Expansion Project

October 28, 2005.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) in cooperation with the U.S. Army Corps of Engineers 
(Corps) and U.S. Coast Guard, (Coast Guard) has prepared a draft 
Environmental Impact

[[Page 67159]]

Statement (EIS) for a liquefied natural gas (LNG) import terminal 
expansion and natural gas pipeline facilities proposed by Dominion Cove 
Point LNG, L.P. and Dominion Transmission, Inc. (collectively referred 
to as Dominion) in the above-referenced dockets. The draft EIS was 
prepared to satisfy the requirements of the National Environmental 
Policy Act (NEPA). The draft EIS addresses federally listed species, 
cultural resources, and essential fish habitat issues. A draft General 
Conformity Determination was also prepared by the FERC to assess the 
potential air quality impacts associated with construction and 
operation of the proposed project and is included as Appendix H of the 
draft EIS.
    The FERC staff concludes that approval of the proposed project with 
appropriate mitigating measures, as recommended, would have limited 
adverse environmental impact.
    This is a joint public notice by the FERC and Corps to advertise:
     The availability of the draft EIS;
     The scheduling of the joint FERC public meetings/Corps 
public hearings on December 7 and 8th, 2005; and
     The submission of a Department of the Army permit 
application CENAB-OP-RMS (Dominion Cove Point LNG, LP) 200565510-4.
    The draft EIS addresses the potential environmental effects of the 
construction and operation of the following LNG terminal and natural 
gas (steel) pipeline facilities:
     Two new 160,000 cubic meter single containment LNG storage 
tanks;
     Additional vaporization capacity consisting of shell and 
tube vaporizers and associated equipment;
     Additional power generation equipment consisting of two 
21.7 megawatt gas turbine generators and three emergency generators;
     Infrastructure associated with the LNG terminal expansion 
including roads and storage and work areas at the existing site;
     About 47.8 miles of 36-inch-diameter, loop pipeline in 
Calvert, Prince Georges, and Charles County, Maryland (TL-532 
Pipeline);
     Ancillary areas for pipeline construction, including 
access roads, staging areas, and work spaces;
     About 81 miles of 24-inch-diameter pipeline lateral in 
Juniata, Mifflin, Huntingdon, Centre, and Clinton Counties, 
Pennsylvania (PL-1 EXT2 Pipeline);
     Two new compressor stations in Juniata County (Perulack 
Station) and Centre County (Centre Relay Station), Pennsylvania;
     About 11 miles of 24-inch diameter pipeline loop in Wetzel 
County West Virginia and Greene County, Pennsylvania (TL-492 EXT3 
Pipeline);
     About 12 miles of 24-inch-diameter pipeline loop in Potter 
County, Pennsylvania (TL-453 EXT1 Pipeline);
     About 10 miles of 20-inch-diameter pipeline loop in Potter 
County, Pennsylvania (TL-536 Pipeline);
     Replacement of about 0.6 mile and pressure testing and 
possible replacement of about 0.4 mile of 30-inch-diameter pipeline in 
Franklin County, Pennsylvania (PL-1 Pipeline Pressure Restoration 
Sites);
     Minor modifications to the existing Loudoun Measuring and 
Regulating (M&R) Station in Loudoun County, Virginia;
     About 5,000 hp of additional compression at the existing 
Mockingbird Hill Compressor Station in Wetzel County, West Virginia;
     Minor modifications to the existing Leesburg Compressor 
Station in Loudoun County, Virginia;
     Minor modifications to the existing Chambersburg 
Compressor Station in Franklin County, Pennsylvania;
     Additional facilities and pipeline replacement at the 
existing Leidy M&R Station located at the Leidy Hub complex in Clinton 
County, Pennsylvania;
     About 3,550 hp of additional compression at Dominion's 
previously approved but not yet constructed Wolf Run Compressor Station 
in Lewis County, West Virginia; and
     Minor modifications to Dominion's previously approved but 
not yet constructed Quinlan Compressor Station in Cattaraugus County, 
New York.
    Dominion's proposed LNG terminal expansion would increase the send-
out capability by 800,000 Dth/d and increase the storage capacity by 
6.8 MMDth/d. Dominion's proposed pipeline and related facilities in 
Maryland and Virginia would allow it to deliver an additional 800,000 
Dth/d from its LNG terminal to its connections with other interstate 
pipelines. Dominion's proposed pipelines and related facilities in 
Pennsylvania, West Virginia, and New York would allow it to transport 
an additional 700,000 Dth/d to various delivery points on its system, 
and offer a new underground storage service of 6.0 MMDth, with an 
additional demand of 100,000 Dth/d.
    Dominion Cove Point LNG,LP has applied, concurrently, to the Corps 
for a Department of the Army Individual permit pursuant to Section 404 
of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers 
and Harbors Act of 1899 (33 U.S.C. 403) for proposed structures in and 
under navigable waters and the discharge of dredged, excavated, and/or 
fill material into waters of the United States, including wetlands to 
construct the preferred alternative identified in the draft EIS. The 
decision whether to issue the permits will be based on an evaluation of 
the probable impacts, including cumulative impacts, of the proposed 
projects on the public interest. The decision will reflect the national 
concern for the protection and utilization of important resources. The 
benefits, which would be reasonably expected to accrue from the 
proposed projects, must be balanced against its reasonably foreseeable 
detriments. All factors, which may be relevant to the proposed work, 
will be considered, including the cumulative effects thereof; among 
those are conservation, economics, aesthetics, general environmental 
concerns, wetlands, cultural values, fish and wildlife values, flood 
hazards, floodplain values, land use, navigation, shore erosion and 
accretion, recreation, water supply, and conservation, water quality, 
energy needs, safety, food and fiber production, consideration of 
property ownership, and in general, the needs and welfare of the 
people. The Corps is soliciting comments from the public; Federal, 
State, and local agencies and officials; Indian tribes; and other 
interested parties in order to consider and evaluate the impacts of the 
proposed project. Any comments received will be considered by the Corps 
to determine whether to issue, modify, condition or deny a permit for 
the proposal. To make this decision, the Corps uses comments received 
to access impacts on endangered species, historic properties, water 
quality, general environmental effects, and the other public interest 
factors listed above.
    The evaluation of the impact of the work described above on the 
public interest will also include application, by the Corps, of the 
guidelines [Section 404(b)(1)] promulgated by the Administrator, U.S. 
Environmental Protection Agency, under authority of Section 404 of the 
Clean Water Act.
    For Corps permitting purposes, if applicable, the applicant is 
required to obtain a Water Quality Certification in accordance with 
Section 401 of the Clean Water Act from the Maryland Department of the 
Environment (MDE), the Pennsylvania Department of Environmental 
Protection, and the State of West Virginia Division of Environmental 
Protection. The Section 401 certifying agencies have a statutory limit 
of one year in which to make their

[[Page 67160]]

decisions. Additionally, for Corps permitting purposes, the applicant 
is required to obtain Coastal Zone Management Consistency concurrence 
from the MDE, as well. It should be noted that the MDE has a statutory 
limit of 6 months in which to make its consistency determination.
    Joint FERC Public Meetings/Corps Public Hearings are held to 
provide interested individuals with the opportunity to present 
information about the effects of the project, including its social, 
economic and environmental effects. These meetings/hearings provide the 
opportunity for interested parties to present views, opinions, and 
information that will be considered by the FERC and the Corps in 
evaluating the proposed project.
    The U.S. Coast Guard (Coast Guard) within the U.S. Department of 
Homeland Security is also participating as a cooperating agency in the 
preparation of the EIS because it exercises regulatory authority over 
LNG facilities that affect the safety and security of port areas and 
navigable waterways under Executive Order 10173; the Magnuson Act (50 
U.S.C. section 191); the Ports and Waterways Safety Act of 1972, as 
amended (33 U.S.C. 1221, et seq.); and the Maritime Transportation 
Security Act of 2002 (46 U.S.C. section 701). The Coast Guard also has 
authority for LNG facility plan review, approval and compliance 
verification as provided in Title 33 CFR part 105, and siting as it 
pertains to the management of vessel traffic in and around the LNG 
facility. As required by its regulations, the Coast Guard is 
responsible for issuing a Letter of Recommendation (LOR) as to the 
suitability of the waterway for LNG marine traffic. The Coast Guard 
plans to adopt the EIS if it adequately covers the impacts associated 
with issuance of the LOR.

Comment Procedures and FERC Public Meetings/Corps Public Hearings

    Any person wishing to comment on the draft EIS may do so. To ensure 
consideration prior to a Commission decision on the proposal, it is 
important that we receive your comments before the date specified 
below. Please carefully follow these instructions to ensure that your 
comments are received and properly recorded:
     Send an original and two copies of your comments to: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Room 1A, Washington, DC 20426.
     Reference Docket Nos. CP05-130-000, CP05-131-000, and 
CP05-132-000.
     Label one copy of the comments for the attention of the 
Gas Branch 1.
     Mail your comments so that they will be received in 
Washington, DC on or before December 21, 2005.
    Please note that the Commission strongly encourages electronic 
filing of any comments or interventions 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.''
    The Corps public hearings provide members of the public the 
opportunity to present views, opinions, and information which will be 
considered by the Corps in evaluating the Department of the Army 
permit. All comments received will become part of the formal project 
record.
    Copies of any written statements expressing concern for aquatic 
resources may be submitted to: Mrs. Kathy Anderson, Corps of Engineers, 
CENAB-OP-RMS, P.O. Box 1715, Baltimore, Maryland 21203-1715.
    The Corps public hearing comment period closes on December 21, 
2005.
    In addition to or in lieu of sending written comments, we invite 
you to attend one of the FERC public meetings/Corps public hearings we 
have scheduled as follows:

Wednesday, December 7, 2005: 7 p.m. (EST), Old Courthouse, 1 Market 
Street, Lewistown, PA 17044. (717) 248-6733.
Thursday, December 8, 2005: 7 p.m. (EST), Penn Stater Conference Center 
Hotel, 215 Innovation Boulevard, State College, PA 16803. (814) 863-
5000.
Wednesday, December 7, 2005: 7 p.m. (EST), Holiday Inn--Solomons, 155 
Holiday Drive, Solomons, MD 20688. (410) 326-6311.
Thursday, December 8, 2005: 7 p.m. (EST), Holiday Inn--Waldorf, U.S. 
301 and St. Patrick's Drive, Waldorf, MD 20603. (301) 645-8200.
    Interested groups and individuals are encouraged to attend and 
present oral comments on the draft EIS. Transcripts of the meetings 
will be prepared.
    After these comments are reviewed, any significant new issues are 
investigated, and modifications are made to the draft EIS, a final EIS 
will be published and distributed by the staff. The final EIS will 
contain the staff's responses to timely comments received on the draft 
EIS.
    Comments will be considered by the Commission but will not serve to 
make the commentor a party to the proceeding. Any person seeking to 
become a party to the proceeding must file a motion to intervene 
pursuant to Rule 214 of the Commission's Rules of Practice and 
Procedures (18 CFR 385.214). Anyone may intervene in this proceeding 
based on this draft EIS. You must file your request to intervene as 
specified above.\1\ You do not need intervenor status to have your 
comments considered.
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    \1\ 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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    The draft EIS has been placed in the public files of the FERC and 
is available for distribution and public inspection at: Federal Energy 
Regulatory Commission, Public Reference Room, 888 First Street, NE., 
Room 2A, Washington, DC 20426, (202) 208-1371.
    Hard-copies of the draft EIS have been mailed to Federal, State, 
and local agencies; public interest groups; individuals and affected 
landowners who requested a copy of the draft EIS or provided comments 
during scoping; libraries; newspapers; and parties to this proceeding. 
In the alternate, those persons or organizations who were identified as 
potential stakeholders on this environmental mailing list are receiving 
an Executive Summary document and a full version of the draft EIS on 
CD-ROM. A limited number of documents and CD-ROMs are available from 
the Public Reference Room identified above. In addition, hard-copies of 
the document are also available for reading at public libraries along 
the proposed project route.
    To reduce printing and mailing costs the final EIS will be issued 
in both CD-ROM and hard-copy formats. In a separate mailing, the 
parties on the current mailing list for the draft EIS will be sent a 
postcard providing an opportunity for them to select which format of 
the final EIS they wish to receive. The FERC strongly encourages the 
use of the CD-ROM format in its publication of large documents. If you 
wish to receive a paper copy of the final EIS instead of a CD-ROM, you 
must return the postcard indicating that choice.
    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

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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 TTY, 
contact (202) 502-8659. The eLibrary link on the FERC Internet Web site 
Folialso 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 the eSubscription link on the FERC Internet Web 
site.
    It is requested that you communicate the foregoing information 
concerning the proposed work to any persons known by you to be 
interested and not being known to this office, who did not receive a 
copy of this notice.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6116 Filed 11-3-05; 8:45 am]
BILLING CODE 6717-01-P