[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Pages 14196-14198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4027]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF06-13-000]


Downeast LNG, Inc.; Notice of Intent To Prepare an Environmental 
Impact Statement for the Downeast LNG Project, Request for Comments on 
Environmental Issues and Notice of a Joint Public Meeting

March 13, 2006.
    The Federal Energy Regulatory Commission (FERC or Commission) and 
the U.S. Department of Homeland Security, U.S. Coast Guard (Coast 
Guard) are in the process of evaluating the Downeast Liquefied Natural 
Gas (LNG) Project planned by Downeast LNG, Inc. (Downeast). The project 
would consist of an onshore LNG import and storage terminal, located on 
the south side of Mill Cove in the Town of Robbinston, near the 
confluence of Passamaquoddy Bay and the St. Croix River, in Washington 
County, Maine; and an approximately 31-mile-long natural gas sendout 
pipeline, extending from the terminal to the existing Maritimes & 
Northeast (M&NE) pipeline system at the Baileyville, Maine, compressor 
station.
    As a part of this evaluation, FERC staff will prepare an 
environmental impact statement (EIS) that will address the 
environmental impacts of the project and the Coast Guard will assess 
the maritime safety and security of the project. As described below, 
the FERC and the Coast Guard will hold a joint public meeting to allow 
the public to provide input to these assessments.
    The Commission will use the EIS in its decision-making process to 
determine whether or not to authorize the project. This Notice of 
Intent (NOI) explains the scoping process we \1\ will use to gather 
information on the project from the public and interested agencies and 
summarizes the process that the Coast Guard will use. Your input will 
help identify the issues that need to be evaluated in the EIS and in 
the Coast Guard's maritime safety and security assessment. Please note 
that scoping comments are requested by April 17, 2006.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the FERC's Office of Energy Projects.
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    Comments on the project may be submitted in written form or 
verbally. Further details on how to submit written comments are 
provided in the Public Participation section of this NOI. In lieu of 
sending written comments, we invite you to attend the public scoping 
meeting scheduled as follows: Tuesday, March 28, 2006, 6:30 p.m. 
Robbinston Grade School, 904 U.S. Route 1, Robbinston, ME 04671. 207-
454-3694.
    The public scoping meeting listed above will be combined with the 
Coast Guard's public meeting regarding the maritime safety and security 
of the project. At the meeting, the Coast Guard will discuss: (1) The 
waterway safety assessment that it will conduct to determine whether or 
not the waterway can safely accommodate the LNG carrier traffic and 
operation of the planned LNG marine terminal; and (2) the security 
assessment it will conduct in accordance with the requirements of the 
Maritime Transportation Security Act. The Coast Guard will not be 
issuing a separate meeting notice for the maritime safety and security 
aspects of the project.
    The Coast Guard is responsible for matters related to navigation 
safety, vessel engineering and safety standards, and all matters 
pertaining to the safety of facilities or equipment located in or 
adjacent to navigable waters up to the last valve immediately before 
the receiving tanks. The Coast Guard also has authority for LNG 
facility security plan review, approval, and compliance verification as 
provided in Title 33 CFR part 105, and recommendation for siting as it 
pertains to the management of vessel traffic in and around the LNG 
facility.
    Upon receipt of a letter of intent from an owner or operator 
intending to build a new LNG facility, the Coast Guard Captain of the 
Port (COTP) conducts an analysis that results in a letter of 
recommendation issued to the owner or operator and to the state and 
local governments having jurisdiction, addressing the suitability of 
the waterway to accommodate LNG vessels. Specifically the letter of 
recommendation addresses the suitability of the waterway based on:
     The physical location and layout of the facility and its 
berthing and mooring arrangements.
     The LNG vessels' characteristics and the frequency of LNG 
shipments to the facility.
     Commercial, industrial, environmentally sensitive, and 
residential area in and adjacent to the waterway used by the LNG 
vessels en route to the facility.
     Density and character of the marine traffic on the 
waterway.
     Bridges or other manmade obstructions in the waterway.
     Depth of water.
     Tidal range.
     Natural hazards, including rocks and sandbars.
     Underwater pipelines and cables.
     Distance of berthed LNG vessels from the channel, and the 
width of the channel.
    In addition, the Coast Guard will review and approve the facility's 
operations manual and emergency response plan (33 CFR 127.019), as well 
as the facility's security plan (33 CFR 105.410). The Coast Guard will 
also provide input to other Federal, state, and local government 
agencies reviewing the project.
    In order to complete a thorough analysis and fulfill the regulatory 
mandates cited above, the COTP Sector Northern New England will be 
conducting a formal risk assessment evaluating the various safety and 
security aspects associated with the Downeast LNG proposed project. 
This risk assessment will be accomplished through a series of workshops 
focusing on the areas of waterways safety, port security, and 
consequence management, with involvement from a broad cross-

[[Page 14197]]

section of government and port stakeholders with expertise in each of 
the respective areas. The workshops will be by invitation only. 
However, comments received during the public comment period will be 
considered as input in the risk assessment process.
    This NOI is being sent to Federal, state, and local government 
agencies; elected officials; affected landowners; environmental and 
public interest groups; Indian tribes and regional Native American 
organizations; commentors and other interested parties; and local 
libraries and newspapers. We encourage government representatives to 
notify their constituents of this planned project and encourage them to 
comment on their areas of concern.\2\
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available on the 
Commission's Web site (excluding maps) at the ``e-Library'' link or 
from the Commission's Public Reference Room or call (202) 502-8371. 
For instructions on connecting to e-Library refer to the end of this 
notice. Copies of the appendices were sent to all those receiving 
this notice in the mail.
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Summary of the Proposed Project

    Downeast proposes to construct and operate an LNG import terminal 
and storage facility, and associated natural gas sendout pipeline with 
a nominal capacity of about 500 million standard cubic feet of natural 
gas per day (mmscfd) with peak deliveries up to 625 mmscfd. More 
specifically, Downeast's facilities would consist of:
     A marine LNG terminal, including a single berth, 3,862-
foot-long pier, capable of handling about 50 LNG tankers per year, 
ranging in size from 70,000 to 220,000 cubic meters (m\3\) per ship;
     Three 16-inch-diameter unloading arms and one vapor return 
line on the unloading platform, with an unloading capacity rate of 
14,000 m\3\ of LNG per hour;
     One insulated LNG storage tank, with a capacity of 160,000 
m\3\;
     Boil-off gas management system, and sendout pumps;
     Submerged combustion vaporizers to re-vaporize LNG to 
natural gas;
     Electrical power distribution, including power substations 
and transformers;
     Ancillary terminal facilities, including control room, 
maintenance shop, warehouse, office, security, and safety systems;
     Measurement controls and natural gas metering facilities;
     A 31-mile-long, 20 or 24-inch-diameter natural gas sendout 
pipeline, extending from the LNG terminal to the existing M&NE pipeline 
system at the Baileyville, Maine, compressor station; and
     Comprehensive hazard monitoring system incorporating 
flammable gas detectors, high and low temperature detectors, smoke 
detectors, and local emergency shut-down controls.
    A location map depicting Downeast's proposed facilities, including 
its preferred pipeline route and two pipeline options, is attached to 
this NOI as Appendix 1.\2\
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available on the 
Commission's Web site (excluding maps) at the ``e-Library'' link or 
from the Commission's Public Reference Room or call (202) 502-8371. 
For instructions on connecting to e-Library refer to the end of this 
notice. Copies of the appendices were sent to all those receiving 
this notice in the mail.
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The EIS Process

    The NEPA requires the Commission to take into account the 
environmental impacts that could result from an action when it 
considers whether or not an LNG import terminal or an interstate 
natural gas pipeline should be approved. The FERC will use the EIS to 
consider the environmental impacts that could result if it issues 
project authorizations to Downeast under sections 3 and 7 of the 
Natural Gas Act. The 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 EIS on the important environmental issues. With this 
NOI, the Commission staff is requesting public comments on the scope of 
the issues to be addressed in the EIS. All comments received will be 
considered during preparation of the EIS.
    In the EIS we will discuss impacts that could occur as a result of 
the construction, operation, maintenance, and abandonment of the 
proposed project under these general headings:
     Geology and Soils.
     Water Resources.
     Aquatic Resources.
     Vegetation and Wildlife.
     Threatened and Endangered Species.
     Land Use, Recreation, and Visual Resources.
     Cultural Resources.
     Socioeconomics.
     Marine Transportation.
     Air Quality and Noise.
     Reliability and Safety.
     Cumulative Impacts.
    In the EIS, 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 affected resources.
    Our independent analysis of the issues will be included in a draft 
EIS. The draft EIS will be mailed to Federal, state, and local 
government agencies; elected officials; affected landowners; 
environmental and public interest groups; Indian tribes and regional 
Native American organizations; commentors; other interested parties; 
local libraries and newspapers; and the FERC's official service list 
for this proceeding. A 45-day comment period will be allotted for 
review of the draft EIS. We will consider all comments on the draft EIS 
and revise the document, as necessary, before issuing a final EIS. We 
will consider all comments on the final EIS before we make our 
recommendations to the Commission. To ensure that your comments are 
considered, please follow the instructions in the Public Participation 
section of this NOI.
    Although no formal application has been filed, the FERC staff has 
already initiated its NEPA review under its pre-filing process. The 
purpose of the pre-filing process is to encourage early involvement of 
interested stakeholders and to identify and resolve issues before an 
application is filed with the FERC. In addition, the Coast Guard, which 
would be responsible for reviewing the maritime safety and security 
aspects of the planned project and regulating maritime safety and 
security if the project is approved, has initiated its review of the 
project as well.
    With this NOI, we are asking Federal, state, and local agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues, especially those identified in Appendix 2, to 
express their interest in becoming cooperating agencies for the 
preparation of the EIS. These agencies may choose to participate once 
they have evaluated the proposal relative to their responsibilities. 
Agencies that would like to request cooperating agency status should 
follow the instructions for filing comments provided in Appendix 2.

Currently Identified Environmental Issues

    We have already identified issues that we think deserve attention 
based on a preliminary review of the project area and the planned 
facility information provided by Downeast. This preliminary list of 
issues, which is presented below, may be revised based on your comments 
and our continuing analyses.
     Impact of LNG ship traffic on other Passamaquoddy Bay and 
St. Croix River

[[Page 14198]]

users, including fishing and recreational boaters.
     Safety issues relating to LNG ship traffic, including 
transit through Head Harbor Passage and Western Passage, and along the 
St. Croix River.
     Potential impacts on residents in the project area, 
including safety issues at the import and storage facility, noise, air 
quality, and visual resources.
     Project impacts on threatened and endangered species and 
the Moosehorn National Wildlife Refuge.
     Project impacts on wetlands, vegetation, and wildlife 
habitat.
     Project impacts on cultural resources.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the planned project. By becoming a 
commentor, your concerns will be addressed in the EIS and considered by 
the Commission. Your comments should focus on the potential 
environmental effects, reasonable alternatives (including alternative 
facility sites and pipeline routes), and measures to avoid or lessen 
environmental impacts. The more specific your comments, the more useful 
they will be. To ensure that your comments are timely and properly 
recorded, please follow these instructions:
     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 your comments for the attention of OEP/
DG2E/Gas Branch 3, DG2E.
     Reference Docket No. PF06-13-000 on the original and both 
copies.
     Mail your comments so that they will be received in 
Washington, DC on or before April 17, 2006. Appropriate copies will be 
provided to the Coast Guard.
    The Commission strongly encourages electronic filing of any 
comments in response to this NOI. For information on electronically 
filing comments, please see 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 as well as information in 18 CFR 385.2001(a)(1)(iii). 
Before you can file comments you will need to create a free account, 
which can be accomplished on-line.
    The public scoping meeting (date, time, and location listed above) 
is designed to provide another opportunity to offer comments on the 
proposed project. Interested groups and individuals are encouraged to 
attend the meeting and to present comments on the environmental issues 
that they believe should be addressed in the EIS. A transcript of the 
meeting will be generated so that your comments will be accurately 
recorded.
    Once Downeast formally files its application with the Commission, 
you may want to become an ``intervenor,'' which is an official party to 
the proceeding. Intervenors play a more formal role in the process and 
are able to file briefs, appear at hearings, and be heard by the courts 
if they choose to appeal the Commission's final ruling. An intervenor 
formally participates in a Commission proceeding by filing a request to 
intervene. Instructions for becoming an intervenor are included in the 
User's Guide under the ``e-Filing'' link on the Commission's Web site. 
Please note that you may not request intervenor status at this time. 
You must wait until a formal application is filed with the Commission.

Environmental Mailing List

    If you wish to remain on the environmental mailing list, please 
return the attached Mailing List Retention Form (Appendix 3 of this 
NOI). Also, indicate on the form your preference for receiving a paper 
version in lieu of an electronic version of the EIS on CD-ROM. If you 
do not return this form, we will remove your name 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 (3372) or on 
the FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary 
link.'' Click on the eLibrary link, select ``General Search'' and enter 
the project docket number excluding the last three digits (i.e., PF06-
13) in the ``Docket Number'' field. Be sure you have selected an 
appropriate date range. For assistance with eLibrary, the eLibrary 
helpline can be reached at 1-866-208-3676, TTY (202) 502-8659, or by e-
mail 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 FERC now offers a free service called 
eSubscription that 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. To register for this service, go to http://www.ferc.gov/esubscribenow.htm.
    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.
    Finally, Downeast has established an Internet Web site for this 
project at http://www.downeastlng.com/index.htm. The Web site includes 
a project overview, status, potential impacts and mitigation, and 
answers to frequently asked questions. You can also request additional 
information by calling Downeast directly at 207-214-5926.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4027 Filed 3-20-06; 8:45 am]
BILLING CODE 6717-01-P