[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Notices]
[Pages 19641-19643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8591]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF10-5-000]


Empire Pipeline, Inc.; Notice of Intent To Prepare an 
Environmental Assessment for the Planned Tioga County Extension 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meeting

April 7, 2010.
    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 Tioga County Extension 
Project, involving construction and operation of facilities by Empire 
Pipeline, Inc. (Empire) in Tioga County, Pennsylvania and Steuben and 
Ontario Counties, New York. 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.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. Your input will help the Commission staff 
determine what issues need to be evaluated in the EA. Please note that 
the scoping period will close on May 7, 2010.
    Comments 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
------------------------------------------------------------------------
April 27, 2010, 7 p.m. local time.........  Radisson Hotel--Corning, 125
                                             Denison Parkway East,
                                             Corning, New York 14830.
                                             607-962-5000.
April 28, 2010, 7 p.m. local time.........  Hampton Inn, 7637 New York
                                             State Rte 96, Victor, New
                                             York 14564. 585-924-4400.
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    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives are asked to notify their constituents of this planned 
project and encourage them to comment on their areas of concern.
    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 planned facilities. 
The 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?'' is available for 
viewing on the FERC Web site (http://www.ferc.gov). 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.

Summary of the Planned Project

    Empire plans to construct and operate approximately 16 miles of 24-
inch-diameter pipeline and replace approximately 1.3 miles of existing 
24-inch-diameter pipeline. According to Empire, its project would 
enable Empire to provide firm transportation services requested by 
producers connecting extensive Marcellus Shale production along the 
proposed pipeline corridor. The Tioga County Extension Project would 
provide about 350,000 dekatherms per day of capacity to various market 
areas in New York, New England, and eastern Canada along the Millenium 
Pipeline, Tennessee Gas Pipeline Company 200 Line, TransCanada 
Pipeline, and Empire's existing systems.
    The Tioga County Extension Project would consist of the following 
facilities:
     Construction of 16 miles of 24-inch-diameter pipeline from 
Tioga County, Pennsylvania to Steuben County, New York;
     Replacement of 1.3 miles of existing 24-inch-diameter 
pipeline in Victor, Ontario County, New York;
     Construction of a new interconnect with Tennessee Gas 
Pipeline Company in the Town of Canandaigua, Ontario County, New York; 
and
     Miscellaneous modifications at existing measurement and 
compressor stations.
    The general location of the project facilities is shown in appendix 
1.\1\
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    \1\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of appendices were sent to 
all those receiving this notice in the mail and are available at 
http://www.ferc.gov using the link called ``eLibrary'' or from the 
Commission's Public Reference Room, 888 First Street, NE., 
Washington, DC 20426, or call (202) 502-8371. For instructions on 
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Construction of the planned facilities would disturb about 223 
acres of land for the aboveground facilities and the pipeline. 
Following construction, about 113 acres would be maintained for 
permanent operation of the project's facilities; the remaining acreage 
would be restored and allowed to revert to former uses. About 31 
percent of the planned pipeline route parallels an existing pipeline 
right-of-way.

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

[[Page 19642]]

Certificate of Public Convenience and Necessity. NEPA also requires us 
\2\ 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, the Commission requests public 
comments on the scope of the issues to address in the EA. All comments 
received will be considered during the preparation of the EA.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of 
the construction and operation of the planned project under these 
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise; and
     Endangered and threatened species.
    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 the various resource areas.
    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. As part of our pre-filing review, 
we have begun to contact some Federal and State agencies to discuss 
their involvement in the scoping process and the preparation of the EA.
    Our independent analysis of the issues will be presented in the EA. 
The EA will be placed in the public record and, depending on the 
comments received during the scoping process, may be published and 
distributed to the public. A comment period will be allotted if the EA 
is published for review. 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 below.
    With this notice, we are asking agencies with jurisdiction and/or 
special expertise with respect to environmental issues to formally 
cooperate with us in the preparation of the EA. 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 under the Public Participation section of this notice.

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 your comments so 
that they will be received in Washington, DC on or before May 7, 2010.
    For your convenience, there are three methods you can use to submit 
your comments to the Commission. The Commission encourages electronic 
filing of comments and has expert eFiling 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 at http://www.ferc.gov under the link 
called 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 that is listed under the Documents and Filings 
link. 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 to your submission. 
New eFiling users must first create an account by clicking on the links 
called 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 a paper copy of your comments at the following 
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes Federal, State, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; Native American Tribes; other 
interested parties; and local libraries and newspapers. This list also 
includes all affected landowners (as defined in the Commission's 
regulations) who are potential right-of-way grantors, whose property 
may be used temporarily for project purposes, or who own homes within 
certain distances of aboveground facilities, and anyone who submits 
comments on the project. We will update the environmental mailing list 
as the analysis proceeds to ensure that we send the information related 
to this environmental review to all individuals, organizations, and 
government entities interested in and/or potentially affected by the 
planned project.
    If the EA is published for distribution, copies will be sent to the 
environmental mailing list for public review and comment. If you would 
prefer to receive a paper copy of the document instead of the CD 
version or would like to remove your name from the mailing list, please 
return the attached Information Request (appendix 2).

Becoming an Intervenor

    Once Empire files its application with the Commission, you may want 
to become an ``intervenor'', which is an official party to the 
Commission's 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 the 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 for the 
project is filed with the Commission.

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC 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 
(i.e., PF10-5). Be sure you have selected an appropriate date range. 
For assistance, please contact FERC Online Support at 
[email protected] or toll free at (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 offers a free service called 
eSubscription which

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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. 2010-8591 Filed 4-14-10; 8:45 am]
BILLING CODE 6717-01-P