[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71641-71642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27918]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP98-150-012]


Millennium Pipeline Company, L.L.C.; Notice of Petition To Amend

November 19, 2008.
    Take notice that on November 17, 2008, Millennium Pipeline Company, 
L.L.C. (Millennium), One Blue Hill Plaza, Seventh Floor, P.O. Box 1565, 
Pearl River, New York 10965, filed in Docket No. CP98-150-012, a 
petition to amend the certificate of public convenience and necessity 
issued on December 21, 2006 in Docket No. CP98-150-006, et al. It is 
stated that Millennium seeks authority to amend its certificate 
authorization to allow it to implement a contingency plan to acquire, 
construct, and operate additional facilities if it is unable to 
complete the horizontal directional drill at the East Branch of the 
Delaware River or at Wheeler Creek in time to make its facilities 
available for service prior to December 31, 2008. Specifically, 
Millennium requests authorization to (1) decrease the diameter of the 
pipeline facilities to be constructed at Wheeler Creek from 30 inches 
to 24 inches, and permanently provide service utilizing the reduced 
diameter facilities; (2) delay completion of the horizontal directional 
drill (HDD) at the East Branch of the Delaware River until no later 
than September 30, 2009; (3) acquire from Columbia two 10-inch diameter 
pipelines and a small segment of one 12-inch diameter pipeline located 
to the west of the two 10-inch lines (Crossing Facilities) which 
Columbia is authorized to abandon in place; (4) construct limited 
facilities, including approximately 850 feet of 12-inch pipeline, 
cathodic protection equipment and overpressure protection facilities, 
necessary to interconnect Columbia's Crossing Facilities with 
Millennium's newly constructed 30-inch diameter mainline at the East 
Branch of the Delaware River; and (5) provide service utilizing the 
Crossing Facilities until such time as Millennium completes the HDD or 
implements an approved alternative at the East Branch of the Delaware 
River. It is stated that it the requested authorizations would only be 
implemented if Millennium determines that either of the HDDs would not 
be completed in time to permit Millennium to make its system available 
for service prior to December 31, 2008.
    It is also stated that if Millennium is able to complete one HDD, 
but not the other HDD, Millennium would only implement the 
authorization that applies to the HDD it is unable to complete, all as 
more fully set forth in the petition to amend which is on file with the 
Commission and open to public inspection. This filing is available for 
review at the Commission in the Public Reference Room or may be viewed 
on the Commission's Web site at http://www.ferc.gov using the 
``eLibrary'' link. Enter the docket number excluding the last three 
digits in the docket number field to access the document. For 
assistance, contact FERC Online Support at [email protected] 
or toll free at (866) 208-3676; or for TTY, contact (202) 502-8659.
    Any initial questions regarding Millennium's proposal in this 
petition should be directed to counsel for Millennium, Daniel F. 
Collins or Letitia W. McKoy, Fulbright & Jaworski, L.L.P., 801 
Pennsylvania Avenue, NW., Washington, DC 20004; telephone (202) 662-
4586 (Daniel) or (202) 662-4668 (Letitia), fax (202) 662-4643.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, 
within 90 days of this Notice the Commission staff will either: 
complete its environmental assessment (EA) and place it into the 
Commission's public record (eLibrary) for this proceeding; or issue a 
Notice of Schedule for Environmental Review. If a Notice of Schedule 
for Environmental Review is issued, it will indicate, among other 
milestones, the anticipated date for the Commission staff's issuance of 
the final environmental impact statement (FEIS) or EA for this 
proposal. The filing of the EA in the Commission's public record for 
this proceeding or the issuance of a Notice of Schedule for 
Environmental Review will serve to notify federal and state agencies of 
the timing for the completion of all necessary reviews, and the 
subsequent need to complete all federal authorizations within 90 days 
of the date of issuance of the Commission staff's FEIS or EA.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant. On or before the comment date, it is 
not necessary to serve motions to intervene or protests on persons 
other than the Applicant.
    However, a person does not have to intervene in order to have 
comments considered. The second way to participate is by filing with 
the Secretary of the Commission, as soon as possible, an original and 
two copies of comments in support of or in opposition to this project. 
The Commission will consider these comments in determining the 
appropriate action to be taken, but the filing of a comment alone will 
not serve to make the filer a party to the proceeding. The Commission's 
rules require that persons filing comments in opposition to the project 
provide copies of their protests only to the party or parties directly 
involved in the protest.
    Persons who wish to comment only on the environmental review of 
this

[[Page 71642]]

project should submit an original and two copies of their comments to 
the Secretary of the Commission. Environmental commenters will be 
placed on the Commission's environmental mailing list, will receive 
copies of the environmental documents, and will be notified of meetings 
associated with the Commission's environmental review process. 
Environmental commenters will not be required to serve copies of filed 
documents on all other parties. However, the non-party commenters will 
not receive copies of all documents filed by other parties or issued by 
the Commission (except for the mailing of environmental documents 
issued by the Commission) and will not have the right to seek court 
review of the Commission's final order.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit the 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    Comment Date: November 26, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-27918 Filed 11-24-08; 8:45 am]
BILLING CODE 6717-01-P