[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Pages 72789-72792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28306]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-24-000]


Calais LNG Project Company, LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the Calais LNG Project, Request for 
Comments on Environmental Issues, and Notice of Public Scoping Meeting

November 20, 2008.
    The Federal Energy Regulatory Commission (FERC or Commission) is in 
the process of evaluating the Calais LNG Project planned by Calais LNG 
Project Company, LLC (Calais). The project would consist of an onshore 
liquefied natural gas (LNG) import and storage terminal in Washington 
County, Maine, and about 20.5 miles natural gas sendout pipeline.
    As a part of this evaluation, FERC staff will prepare an 
environmental impact statement (EIS) that will address the 
environmental impacts of the project. In cooperation with the FERC 
staff, the U.S. Department of Homeland Security, U.S. Coast Guard 
(Coast Guard) will assess the maritime safety and security of the 
project. This Notice of Intent (NOI) announces the opening of the 
scoping process the Commission will use to gather input from the public 
and interested agencies on the planned project. Your input will help 
determine which issues need to be evaluated in the EIS. Please note 
that the scoping period will close on December 22, 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 NOI. In lieu of or 
in addition to sending written comments, we invite you to attend the 
public scoping meeting scheduled as follows:

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             Date and time                           Location
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December 4, 2008, 6 p.m................  Washington County Community
                                          College--Auditorium, One
                                          College Drive, Calais, ME
                                          04619, 207-454-1000.
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    The Commission will use the EIS in its decision-making process to 
determine whether to authorize the project. The Coast Guard will assess 
the safety and security of the Calais LNG Project and issue a Letter of 
Recommendation. As described above, the FERC staff will hold a public 
scoping meeting to allow the public to provide input on these 
assessments. This NOI explains the scoping process that 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 safety and security assessment.
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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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    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 suitability assessment that it will conduct to determine 
whether the waterway can safely accommodate the LNG vessel 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 FERC will be the lead federal agency for the preparation of the 
EIS. The Coast Guard and the U.S. Army Corps of Engineers (Corps) will 
serve as cooperating agencies during preparation of the EIS. The 
document will satisfy the requirements of the National Environmental 
Policy Act of 1969 (NEPA). In addition, with this NOI, we 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 Calais'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 NOI. Consultations have already been initiated with the 
Corps, and other State and/or Federal agencies. Consultations with 
these and other agencies will continue throughout the project review 
and permitting period. Corps staff will be in attendance at the scoping 
meeting.
    This NOI is being sent to Federal, State, and local government 
agencies; elected officials; Canadian officials and agencies; affected 
landowners; environmental and public interest groups; Indian tribes and 
regional Native American organizations; other interested parties; and 
local libraries and newspapers. We encourage government representatives 
to notify their constituents of this planned

[[Page 72790]]

project and encourage them to comment on their areas of concern.
    If you are a landowner affected by the sendout pipeline receiving 
this NOI, you may be contacted by a Calais representative about the 
acquisition of an easement to construct, operate, and maintain the 
planned project facilities. The pipeline company would seek to 
negotiate a mutually acceptable agreement. However, if the project is 
approved by the FERC, that approval conveys with it the right of 
eminent domain for the sendout pipeline. Therefore, if easement 
negotiations fail to produce an agreement, the pipeline company could 
initiate condemnation proceedings in accordance with federal or state 
law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility On My Land? What Do I Need To Know?'' 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 Planned Project

    Calais plans to construct and operate an LNG import terminal and 
storage facility, and associated natural gas sendout pipeline with a 
nominal capacity of 1.0 billion standard cubic feet of natural gas per 
day. The terminal would be located just north of Ford Point, 
approximately 6 miles southeast of the downtown area of the Town of 
Calais, on the St. Croix River, in Washington County, Maine.
    More specifically, the facilities would consist of:
     A single berth marine LNG terminal, comprising breasting 
dolphins and mooring dolphins, and an unloading platform affixed to a 
pier about 1,000 feet long to accommodate LNG vessels ranging in cargo 
capacity from 120,000 to 170,000 cubic meters (m\3\);
     Three cargo unloading arms and one vapor return arm on the 
pier, with an unloading capacity rate of 12,000 m\3\ of LNG per hour;
     Two full-containment LNG storage tanks, each having a 
capacity of 160,000 m\3\;
     Boil-off gas and vapor handling system, and sendout pumps;
     LNG vaporization system to re-vaporize LNG to natural gas;
     Emergency generator and separate uninterruptible power 
supply system;
     Ancillary terminal facilities, including control building, 
maintenance building, warehouse, administration building, instrument 
air shed, electrical buildings, compressor building, marine electrical 
building/switch room, fire/water pump house, and gate house/security 
center;
     A sendout meter to provide custody transfer measurement to 
the pipeline;
     About 20.5 miles of 36-inch-diameter sendout pipeline, 
extending from the planned LNG terminal to the existing Maritimes & 
Northeast Pipeline, LLC pipeline system in Princeton, Maine; and
     A hazard monitoring system incorporating combustible gas 
detectors, low temperature detectors, smoke detectors, and three levels 
of shut-down controls.
    A location map depicting the planned facilities, including its 
preferred pipeline route and three pipeline alternatives, 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 to approve an LNG import terminal or an 
interstate natural gas pipeline. The FERC will use the EIS to consider 
the environmental impacts that could result if it issues project 
authorizations to Calais 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, we are 
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 
planned 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 
planned 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; Canadian officials and 
agencies; 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, as a 
cooperating agency under NEPA, has initiated its review of the project 
as well.

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 105 (33 CFR 
part 105), and 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

[[Page 72791]]

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 a description of the facility 
arrangements;
     the LNG vessels' characteristics and the frequency of LNG 
shipments to the facility;
     charts showing waterway channels and identifying 
commercial, industrial, environmentally sensitive, and residential area 
in and adjacent to the waterway used by the LNG vessels en route to the 
facility (within 25 kilometers [15.5 miles] of the facility);
     density and character of the marine traffic in the 
waterway;
     locks, bridges, or other manmade obstructions in the 
waterway;
     depth of water;
     tidal range;
     natural hazards, including reef, rocks, and sandbars;
     underwater pipelines and cables; and
     distance of berthed 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. Other agencies that must approve the 
project are the Corps, Maine Department of Environmental Protection, 
and the Maine Bureau of Parks and Lands.
    In order to complete a thorough waterway suitability 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 Calais LNG 
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-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.

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 Calais. This preliminary list of 
issues, which is presented below, may be revised based on your comments 
and our continuing analyses.
     Impact of LNG vessel traffic on other Passamaquoddy Bay 
and St. Croix River users, including fishing and recreational boaters.
     Safety and security issues relating to LNG vessel traffic, 
including transit through Head Harbor Passage and Western Passage of 
Passamaquoddy Bay, and 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 the Moosehorn National Wildlife Refuge 
and Saint Croix Island International Park.
     Project impacts on wetlands, vegetation, threatened and 
endangered species, 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 send in your comments so that they will be received in 
Washington, DC on or before December 22, 2008.
    For your convenience, there are three methods which you can use to 
submit your comments to the Commission. In all instances please 
reference the project docket number with your submission. The docket 
number can be found on the front of this NOI. 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.''
    (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 Street, NE., 
Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas 
Branch 1, PJ-11.1.
     Reference Docket No. PF08-24-000 on the original and both 
copies.
    The public scoping meeting (date, time, and location listed above) 
is designed to provide another opportunity to offer comments on the 
planned project. Interested groups and individuals are encouraged to 
attend the meeting and to present comments on the safety, security, and 
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.

Environmental Mailing List

    If you wish to remain on the environmental mailing list, please 
return the attached Mailing List Form (appendix 2). 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 
or provide comments, we will remove your name from our mailing list.

Additional Information

    Once Calais 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

[[Page 72792]]

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.
    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-
24) 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 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, Calais has established an Internet Web site for this 
project at http://www.calaislng.com. 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 Calais directly at (207) 214-7074 or visiting the Calais 
Office at 421 Main Street, Calais, ME.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-28306 Filed 11-28-08; 8:45 am]
BILLING CODE 6717-01-P