[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Notices]
[Pages 33076-33079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13025]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-18-000]


Weaver's Cove Energy, LLC.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Weaver's Cove Offshore 
Berth Project, Request for Comments on Environmental Issues, and Notice 
of Public Meetings

June 4, 2008.
    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 Offshore Berth Project 
planned by Weaver's Cove Energy, LLC (Weaver's Cove). The project would 
amend the Weaver's Cove LNG Terminal, which was authorized by the FERC 
on July 15, 2005, and consists of a liquefied natural gas (LNG) import 
terminal in Fall River, Massachusetts, in Docket No. CP04-36-000. The 
planned project amendment involves the construction and operation of an 
offshore LNG import berth (Offshore Berth) in Mount Hope Bay in 
Massachusetts waters and buried submarine LNG transfer pipelines to the 
authorized Weaver's Cove LNG Terminal.
    As part of this evaluation, the FERC staff will prepare an 
environmental impact statement (EIS) that will address the 
environmental impacts of the project. This notice announces the opening 
of the scoping process the Commission will use to gather input from the 
public and interested agencies on the proposed project. Your input will 
help determine which issues need to be evaluated in the EIS. Please 
note that the scoping period will close on July 7, 2008.
    Comments regarding this 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 notice. In lieu of 
or in addition to sending written comments, we invite you to attend the 
public scoping meetings scheduled as follows:

------------------------------------------------------------------------
               Date and Time                          Location
------------------------------------------------------------------------
Tuesday, June 24, 2008, 7:00 p.m. to 9:00   Mount Hope High School
 p.m. (EST).                                 Auditorium, 199 Chestnut
                                             Street, Bristol, RI 02809.
Wednesday, June 25, 2008, 7:00 p.m. to      Venus De Milo Restaurant, 75
 9:00 p.m. (EST).                            Grand Army of the Republic
                                             Hwy, (Route 6), Swansea, MA
                                             02777.
------------------------------------------------------------------------

    The Commission will use the EIS in its decision-making process to 
determine whether or not to authorize the project. The Coast Guard will 
assess the safety and security of the Offshore Berth Project and issue 
a Letter of Recommendation. As described above, the FERC staff and the 
Coast Guard will hold public scoping meetings to allow the public to 
provide input on these assessments. This notice explains the scoping 
process that will be used to gather information on the project from 
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 safety and 
security assessment.
    The FERC will be the lead federal agency for the preparation of the 
EIS. The Coast Guard will serve as a cooperating agency during 
preparation of the EIS. The document will satisfy the requirements of 
the National Environmental Policy Act of 1969 (NEPA). In addition, with 
this notice, we \1\ are asking other federal, state, and local agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues to cooperate with us in the preparation of the 
EIS. These agencies may choose to participate once they have evaluated 
Weaver's Cove's proposal relative to their responsibilities. Agencies 
that would like to request cooperating status should follow the 
instructions for filing comments described later in this notice. 
Consultations have already been initiated with the U.S. Army Corps of 
Engineers, and other state and/or federal agencies. Consultations with 
these and other agencies will continue throughout the project review 
and permitting period.
---------------------------------------------------------------------------

    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    The Massachusetts Energy Facilities Siting Board (MEFSB) is an 
independent board that licenses major energy facilities in 
Massachusetts and is charged with ensuring a reliable energy supply for 
the Commonwealth with a

[[Page 33077]]

minimum impact on the environment at the lowest possible cost. The 
MEFSB has no authority over the siting of interstate natural gas 
facilities; however, it represents the citizens of Massachusetts before 
the FERC on cases involving the construction of applicable energy 
infrastructure in Massachusetts. The public scoping meeting in Swansea, 
Massachusetts will be a joint scoping meeting with participation by the 
MEFSB.
    This notice is being sent to federal, state, and local government 
agencies; elected officials; affected landowners (landowners within a 
half-mile radius of the project facilities); environmental and public 
interest groups; Native American tribes; 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.

Summary of the Proposed Project

    Weaver's Cove proposes to construct and operate an offshore LNG 
offloading berth and cryogenic LNG transfer pipelines that will 
transport LNG from tankers with cargo capacities of up to 155,000 cubic 
meters to an onshore LNG storage tank at the authorized Weaver's Cove 
LNG Terminal site in Fall River, Massachusetts. More specifically, 
Weaver's Cove's Offshore Berth Project would consist of:
     An offshore berth jetty approximately 1,200 feet in length 
including a central platform measuring 250 feet by 125 feet, four 
mooring dolphins, three breasting dolphins, supporting fender panels, 
and an unloading platform;
     Three or four 16-inch-diameter unloading arms;
     Two 4.25-mile-long, 24-inch-diameter cryogenic LNG 
transfer pipelines;
     A vapor generation system located on the jetty consisting 
of a 20-inch-diameter line connected to a 16-inch-diameter marine arm;
     A new 1,100-yard-long private vessel channel from the 
federal navigation channel to the Offshore Berth, and a new tanker 
turning basin totaling 40 acres;
     Ancillary LNG transfer equipment, power substation, 
emergency generator, uninterruptable power supply, a control room and 
operating staff facilities; and
     Passive and active security systems to deter and detect 
attempts at unauthorized access.
    The Offshore Berth would provide an alternative to the Weaver's 
Cove LNG Terminal-side berth which comprises part of the authorized 
project that allows for marine access to the Weaver's Cove LNG 
Terminal. No other aspects of the authorized project (e.g., vessel 
transit route, LNG terminal, or natural gas pipeline laterals) 
evaluated under Docket No. CP04-36-000 have been proposed for amendment 
by Weaver's Cove. Only minor changes to authorized piping and layout, 
instruments, and the capacity of the boil-off handling system resulting 
from the proposed amendment would occur at the authorized terminal; 
therefore, aspects of the authorized project will not be reassessed for 
the purpose of this amendment. The evaluation of the proposed amendment 
will focus on the Offshore Berth and buried submarine LNG transfer 
pipelines.
    The Offshore Berth, with a total footprint of approximately 1.0 
acre, would be located in the waters of Mount Hope Bay, approximately 1 
mile southwest of Brayton Point in Somerset, Massachusetts, and would 
be approximately 1 mile from the nearest shoreline. The project also 
includes two 4.25-mile-long cryogenic LNG transfer pipelines, extending 
along the Taunton River from the Offshore Berth to the previously 
authorized LNG terminal in Fall River, Massachusetts.
    Weaver's Cove has proposed this amendment to address ongoing 
environmental and safety concerns raised by various stakeholders in 
regard to the authorized Weaver's Cove LNG Terminal-side berth 
location. Weaver's Cove states the Offshore Berth Project is a viable 
alternative to its terminal-side berthing facility because it would 
alleviate navigation concerns of LNG vessels navigating between the old 
and new Brightman Street Bridges.
    A location map depicting Weaver's Cove's proposed facilities, 
including its preferred buried submarine transfer line route, is 
attached to this notice as appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register . Copies are available on the 
Commission's Web site (http://www.ferc.gov) at the ``eLibrary'' 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.
---------------------------------------------------------------------------

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 interstate natural 
gas pipeline facilities should be approved. The FERC will use the EIS 
to consider the environmental impacts that could result if it issues 
project authorizations to Weaver's Cove under sections 3 and 7 of the 
Natural Gas Act. The Coast Guard will use the EIS to determine if a 
Letter of Recommendation should be issued, with or without conditions, 
under 33 CFR Section 127.009. 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 and 
reasonable alternatives. With this notice, 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.
    Although no formal application has been filed, we have already 
initiated our NEPA review under the Commission's 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 safety and security aspects of 
the planned project and regulating safety and security if the project 
is approved, has initiated its review of the project as well.
    As part of our pre-filing process review, we have begun to contact 
some federal and state agencies to discuss their involvement in the 
scoping process and the preparation of the EIS. In addition, 
representatives from the FERC participated in public open houses 
sponsored by Weaver's Cove in the project area on May 19-20, 2008, to 
explain the environmental review process to interested stakeholders. 
During June 2008, we will conduct interagency scoping meetings in the 
project area to solicit comments and concerns about the project from 
jurisdictional agencies. By this notice, we are formally announcing our 
preparation of the EIS and requesting additional agency and public 
comments to help us focus the analysis in the EIS on the potentially 
significant environmental issues related to the proposed action.
    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

[[Page 33078]]

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 notice.

Coast Guard Letter of Recommendation Process

    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 of the Code of Federal Regulations, (CFR) Part 
105, and recommendations for siting as it pertains to the management of 
vessel traffic in and around the LNG facility.
    As required by 33 CFR 127.007, Weaver's Cove submitted a Letter of 
Intent on April 18, 2008 to the Coast Guard Captain of the Port, 
Southeastern New England, proposing to construct the Offshore Berth in 
Mount Hope Bay to receive LNG deliveries from tankers transiting 
portions of Narragansett Bay and Mount Hope Bay. Upon receipt of a 
Letter of Intent from an owner or operator intending to build a new LNG 
facility (such as the letter submitted by Weaver's Cove on April 18, 
2008), the Coast Guard Captain of the Port conducts an analysis 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 areas 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 man-made obstructions in the waterway;
     Depth of water;
     Tidal range;
     Natural hazards, including rocks and sandbars;
     Underwater pipelines and cables; and
     Distance of berthed LNG vessels from the channel, and the 
width of the channel.
    This analysis 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, as prescribed by 33 CFR 127.009.
    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, Weaver's Cove will be conducting a Waterway 
Suitability Assessment (WSA), a formal risk assessment evaluating the 
various safety and security aspects associated with the Offshore Berth 
Project. Comments received during the public comment period will be 
considered as input in the risk assessment process. The results of the 
WSA will be submitted to the Coast Guard to be used in determining 
whether the waterway is suitable for LNG traffic.

Currently Identified Environmental Issues

    We have already identified issues that we think deserve attention 
based on a preliminary review of the project area and information on 
the planned facilities provided by Weaver's Cove. This preliminary list 
of issues, which is presented below, may be revised based on your 
comments and our continuing analyses.
     Impact of the Offshore Berth and LNG ship traffic on other 
Mount Hope Bay users, including fishing and recreational boaters.
     Safety issues relating to LNG ship traffic at the Offshore 
Berth and cryogenic LNG transfer pipelines.
     Potential impacts on residents in the project area, 
including safety issues at the offshore berth, noise, air quality, and 
visual resources.
     Project impacts on marine resources and their associated 
habitats, including dredging impacts.
     Project impacts on cultural resources.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the planned Offshore Berth Project. 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 
mail your comments so that they will be received in Washington, DC on 
or before July 7, 2008, and carefully follow these instructions:
     Send an original and two copies of your letter to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First St., NE., Room 1A, Washington, DC 20426.
     Label one copy of your comments for the attention of Gas 
Branch 1, DG2E.
     Reference Docket No. PF08-18-000 on the original and both 
copies.
     Send an additional copy of your letter to:
    Selma H. Urman, Esq., Massachusetts Energy Facilities Siting Board, 
One South Station, Boston, MA 02110.
    Your letter to the MEFSB should also reference Docket No. PF08-18-
000.
    The public scoping meetings (date, time, and location listed above) 
are designed to provide another opportunity to offer comments on the 
planned project. Interested groups and individuals are encouraged to 
attend the meetings and to present comments on the environmental issues 
that they believe should be addressed in the EIS. A transcript of the 
meetings will be generated so that your comments will be accurately 
recorded. In addition, we have asked Weaver's Cove to be available with 
project location maps to answer project-related questions a half-hour 
before and after the meetings.
    The Commission encourages electronic filing of comments. See Title 
18 of the CFR, Part 385.2001(a)(1)(iii) and the instructions on the 
Commission's internet Web site at http://www.ferc.gov under the link to 
``Documents and Filings'' and ``eFiling.'' eFiling is a file attachment 
process and requires that you prepare your submission in the same 
manner as you would if filing on paper, and save it to a file on your 
computer's hard drive. New eFiling users must first create an account 
by clicking on ``Sign up'' or ``eRegister.'' You will be asked to 
select the type of filing you are making. This filing is considered a 
``Comment on Filing.'' In addition, there is a ``Quick Comment'' option 
available, which is an easy method for interested persons to submit 
text-only comments on a project. The Quick-Comment User Guide can be 
viewed at http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf.

[[Page 33079]]

Quick Comment does not require a FERC eRegistration account; however, 
you will be asked to provide a valid e-mail address. All comments 
submitted under either eFiling or the Quick Comment option are placed 
in the public record for the specified docket or project number(s). We 
will include all comments that we receive within a reasonable time 
frame in our environmental analysis of the project.
    Once Weaver's Cove formally files its application with the 
Commission, you may want to become an official party to the proceeding 
known as an ``intervenor.'' 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 decision. 
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. Also, 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 and receive 
future mailings, please return the attached Mailing List Form (appendix 
2 of this notice). 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 the Commission's environmental 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., PF08-
18) 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 rule makings.
    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, Weaver's Cove has established an Internet Web site for 
this project at http://www.weaverscove.com/ com/. The Web site includes a 
project overview, status, potential impacts and mitigation, and answers 
to frequently-asked questions.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-13025 Filed 6-10-08; 8:45 am]
BILLING CODE 6717-01-P