[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Notices]
[Pages 72818-72820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6926]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-018-000]


Tennessee Gas Pipeline Company; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Essex-Middlesex Project; 
Request for Comments on Environmental Issues, and Notice of Site Visit 
and Public Scoping Meeting

November 28, 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 the Essex-Middlesex Project 
involving construction and operation of facilities by Tennessee Gas 
Pipeline Company (Tennessee Gas) in Essex and Middlesex Counties, 
Massachusetts.\1\ These facilities would consist of about 7.8 miles of 
24-inch-diameter pipeline and aboveground pig receiver and tie-in 
facilities. 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\ Tennessee Gas' 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 Tennessee Gas 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 (http://www.ferc.gov).

Summary of the Proposed Project

    Tennessee Gas wants to increase its ability to receive and 
transport gas into the Northeast natural gas pipeline network by 
constructing its facilities in Essex and Middlesex Counties, 
Massachusetts to provide up to 82,300 decatherms per day of incremental 
firm transportation capacity. Tennessee Gas would connect its Beverly-
Salem Line 270C-100 near Saugus, Massachusetts to its DOMAC Line 270C-
1100 near Lynnfield, Massachusetts. The proposed alignment follows New 
England Power Company's (NEPCO) powerline right-of-way. Tennessee Gas 
seeks authority to construct and operate:
     7.8 miles of 24-inch-diameter pipeline in Essex and 
Middlesex Counties, Massachusetts;
     One tie-in facility at the northern terminus, milepost 
7.83;
     One new pig receiver at the north end, milepost 7.62; and
     One tie-in facility at the southern terminus, milepost 
0.0.
    The general 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 
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.
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Land Requirements for Construction

    Construction of the proposed facilities would require about 81 
acres of land. Following construction, about 47 acres would be 
maintained as new permanent pipeline right-of-way. The remaining 34 
acres of land would be restored and allowed to revert to its former 
use. Tennessee Gas would use a total construction right-of-way width of 
75 to 100 feet during construction. Following construction, Tennessee 
Gas would

[[Page 72819]]

maintain the pipeline in a 50-foot-wide permanent right-of-way easement 
with periodic mowing. Tennessee Gas' construction right-of-way would 
overlap NEPCO's maintained right-of-way by as much as 50 feet. 
Tennessee Gas proposes to use unidentified additional land for pipe 
yards and staging areas.

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 
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 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.
    In the EA we \3\ will discuss impacts that could occur as a result 
of the construction and operation of the proposed project under these 
general headings:

    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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 Residential and planned development
 Construction air quality and noise
 Land use impacts
 Public safety
 Water resources (groundwater, drinking water, and streams), 
fisheries, and wetlands
 Vegetation
 Geology and soils
 Wildlife, including endangered and threatened species
 Hazardous waste
 Cultural resources

    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 Tennessee Gas. This 
preliminary list of issues may be changed based on your comments and 
our analysis.
     Impacts to sixteen residences within 50 feet of the 
construction work area;
     Clearing of approximately 27 acres of forest and 
construction in approximately 26 acres of wetlands and stream 
crossings;
     Impacts to Reedy Meadow National Natural Landmark, also a 
Massachusetts designated potentially sensitive habitat area; Golden 
Hills--a Massachusetts designated Area of Critical Environmental 
Concern; and the Breakheart Reservation--a Massachusetts designated 
recreational and potentially sensitive habitat area; and
     Potential visual and aesthetic impact to the Breakheart 
Reservation Parkway and Lynn Fells Parkway National Register of 
Historic Places Districts

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 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.
     Reference Docket No. CP06-018-000.
     Mail your comments so that they will be received in 
Washington, DC on or before December 21, 2005.
    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 3). If you do not return the Information Request, you will be 
taken off the mailing list.

Notice of Site Visit and Public Comment Meeting

    The OEP staff will conduct a site visit on December 14, 2005 to 
inspect Tennessee Gas' proposed pipeline route and project for the 
Essex-Middlesex Project. The areas will be inspected by automobile. 
Representatives of Tennessee Gas will accompany the OEP staff. Anyone 
interested in participating in the December 14 site visit should meet 
at the parking lot of the Hill Top Steakhouse at 9 am in Saugus, 
Massachusetts, located at 855 Broadway Street off of Route U.S. 1 
South. Participants must provide their own transportation.
    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meeting the FERC will conduct in the 
project area. The public scoping meeting will be held jointly with a 
public hearing conducted by the Massachusetts Energy Facilities Siting 
Board. The location and time for the meeting is listed below:
    Date and Time: December 14, 2005, 7 p.m.
    Location: Wakefield High School--Cafeteria, 60 Farm St, Wakefield, 
Massachusetts 01880, (781) 246-6440.
    The public scoping meetings are designed to provide you with more 
detailed information and another opportunity to offer your comments on 
the proposed project. Tennessee Gas representatives will be present at 
the scoping meetings to describe their proposal. Interested groups and

[[Page 72820]]

individuals are encouraged to attend the meetings and to present 
comments on the environmental issues they believe should be addressed 
in the EA. A transcript of each meeting will be made so that your 
comments will be accurately recorded.
    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, or ``intervenor.'' 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). Intervenors have the right to seek rehearing of the 
Commission's decision. Motions to Intervene should be electronically 
submitted using the Commission's eFiling system at http://www.ferc.gov. 
Persons without Internet access should send an original and 14 copies 
of their motion to the Secretary of the Commission at the address 
indicated previously. Persons filing Motions to Intervene on or before 
the comment deadline indicated above must send a copy of the motion to 
the Applicant. All filings, including late interventions, submitted 
after the comment deadline must be served on the Applicant and all 
other intervenors identified on the Commission's service list for this 
proceeding. Persons on the service list with email addresses may be 
served electronically; others must be served a hard copy of the filing.
    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 2, 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 (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 TTY, 
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.
    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.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6926 Filed 12-6-05; 8:45 am]
BILLING CODE 6717-01-P