[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39691-39693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15703]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-5-009]


Empire Pipeline, Inc. and Empire State Pipeline; Notice of Intent 
To Prepare an Environmental Assessment for the Amended Empire Connector 
Project and Request for Comments on Environmental Issues

July 2, 2008.
    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 amended portion of the Empire 
Connector Project involving construction and operation of facilities by 
Empire Pipeline, Inc. (EPI) and Empire State Pipeline (Empire), a 
subsidiary of National Fuel Gas Company, in Ontario County, New 
York.\1\ These amended facilities would consist of about 1 mile of 24-
inch-diameter pipeline. 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\ EPI and Empire's 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 EPI 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

    EPI and Empire's Empire Connector Project (project) which expands 
Empire's pipeline system in New York was approved by the FERC on 
December 21, 2006, and is a part of the Northeast-07 Project (NE-07 
Project) \2\ and is currently under construction. Through its recent 
easement negotiations about the crossing of the New York State Thruway 
(Thruway) with the New York State Department of Transportation 
(NYSDOT), Empire learned that a portion of the approved route between 
approximate mileposts (MPs) 4.0 and 4.8 along Crowley Road lies within 
the NYSDOT property and is part of the Thruway easement. The NYSDOT's 
policy prohibiting lateral occupancy of limited access highways by 
utilities (other than communication utilities) applies to this 
location. Empire has developed the proposed alternative pipeline route 
to avoid construction within the easement. Empire seeks authority to 
construct and operate:
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    \2\ The notice of availability for the final supplemental 
environmental impact statement for the NE-07 Project was issued 
October 13, 2006. It will be incorporated by reference into the EA 
for this amendment project.
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     About 1 mile of 24-inch-diameter pipeline between MPs 3.8 
and 4.8 of the project.
    The location of the project facilities is shown in Appendix 1.\2\

Land Requirements for Construction

    Construction of the proposed facilities would require about 11.0 
acres of land. Following construction, about 5.3 acres would be 
maintained within the

[[Page 39692]]

permanent right-of-way. The remaining 6.7 acres of land would be 
restored and allowed to revert to its former use.

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:
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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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     Geology and Soils
     Land Use
     Water Resources, Fisheries, and Wetlands
     Cultural Resources
     Vegetation and Wildlife
     Endangered and Threatened Species
     Hazardous Waste
     Public Safety
    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 beginning on page 3.

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 EPI and Empire. This 
preliminary list of issues may be changed based on your comments and 
our analysis.
     About 0.6 acre and 0.3 acre of agricultural land would be 
impacted by construction and operation of the proposed project, 
respectively.
     About 1.1 acres of forest would be impacted by 
construction of the project, respectively.
     About 1.7 acres and 0.9 acre of residential property would 
be affected by construction and operation of the project, respectively.
     About 0.9 acre and 0.6 acre of wetland would be impacted 
by construction and operation of the project, respectively.
     One irrigation water supply well would be within 150 feet 
of the proposed alternative pipeline alignment.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. Your comments should focus on 
the potential environmental effects, reasonable alternatives, 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 send in your comments 
so that they will be received in Washington, DC, on or before August 1, 
2008.
    For your convenience, there are three methods in which you can use 
to submit your comments to the Commission. In all instances please 
reference the project docket number CP06-5-009 with your submission. 
The Commission encourages electronic filing of comments and has 
dedicated eFiling expert staff available to assist you at 202-502-8258 
or [email protected].
    (1) You may file your comments electronically by using the Quick 
Comment feature, which is located on the Commission's Internet Web site 
at http://www.ferc.gov under the link to Documents and Filings. A Quick 
Comment is an easy method for interested persons to submit text-only 
comments on a project;
    (2) You may file your comments electronically by using the eFiling 
feature, which is located on the Commission's internet Web site at 
http://www.ferc.gov under the link to Documents and Filings. eFiling 
involves preparing your submission in the same manner as you would if 
filing on paper, and then saving the file on your computer's hard 
drive. You will attach that file as your submission. 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. A comment on a particular project is considered a ``Comment on 
a Filing;'' or
    (3) You may file your comments via mail to the Commission by 
sending 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 the comments for the 
attention of Gas Branch 2, PJ11.2.
    We may mail the EA for comment. If you are interested in receiving 
it, please return the Information Request (Appendix 3). If you do not 
return the Information Request, you will be taken off the mailing list.

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

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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.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-15703 Filed 7-9-08; 8:45 am]
BILLING CODE 6717-01-P