[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 30019-30021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12862]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF10-14-000]


National Fuel Gas Supply Corporation; Notice of Intent To Prepare 
an Environmental Assessment for the Planned West to East--Overbeck to 
Leidy Project and Request for Comments on Environmental Issues

May 20, 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 West to East--Overbeck to 
Leidy Project involving construction and operation of facilities by 
National Fuel Gas Supply Corporation (National Fuel) in Elk, Jefferson, 
Clearfield, Cameron, and Clinton Counties, Pennsylvania. 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 June 21, 2010. This is not your only 
public input opportunity; please refer to the Environmental Review 
Process flow chart in Appendix 1.
    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 where compensation would be 
determined 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

    National Fuel plans to construct and operate about 78.4 miles of 
24-inch-diameter pipeline and related facilities in Elk, Jefferson, 
Clearfield, Cameron, and Clinton Counties, Pennsylvania. National Fuel 
would also build two compressor stations totally 25,000 horsepower (hp) 
of compression and a new meter station. The West to East--Overbeck to 
Leidy Project would provide about 425,000 dekatherms per day (dth/d) of 
natural gas from the Marcellus producing area to the Leidy, 
Pennsylvania hub. According to National Fuel, its project would enable 
National Fuel to provide firm transportation services requested by 
producers from new and existing producer interconnects in the Marcellus 
Shale region in central Pennsylvania to the interstate pipeline hub of 
Leidy at Tamarack, Pennsylvania. The West to East--Overbeck to Leidy 
Project would consist of the following facilities:
     About 78.4 miles of 24-inch-diameter pipeline;
     The Elk Compressor Station in Elk County, totaling about 
7,000 hp of compression;
     The Millstone Compressor Station in Jefferson County, 
totaling about 18,000 hp of compression;
     One new meter station at the Leidy Hub in Clinton County;
     Four mainline valve assemblies; and
     Access roads.
    The general location of the project facilities is shown in Appendix 
2.\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 approximately 
1,025 acres of land for the aboveground facilities and the pipeline. 
Following construction, approximately 425 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 97 
percent of the planned pipeline route parallels existing pipeline, 
utility, or road rights-of-way. Over 71 percent of the planned pipeline 
route would cross public lands managed by the Allegheny National 
Forest, the Pennsylvania Bureau of Forestry, and the Pennsylvania Game 
Commission.

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 
\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;
     Blasting;
     Land use (including public lands);
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife, including migratory birds;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate reasonable 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. 
See Appendix 1 for an overview of the Commission's Pre-Filing 
Environmental Review Process.
    Our independent analysis of the issues will be presented in the EA. 
The

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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 beginning on page 5.
    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. 
Currently, the Army Corps of Engineers and the Allegheny National 
Forest have expressed their intention to possibly participate as a 
cooperating agency in the preparation of the EA to satisfy their NEPA 
responsibilities related to this project.

Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for the section 106 process, we are using this 
notice to solicit the views of the public on the project's potential 
effects on historic properties.\3\ We will document our findings on the 
impacts on cultural resources and summarize the status of consultations 
under section 106 of the National Historic Preservation Act in our EA.
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    \3\ The Advisory Council on Historic Preservation's regulations 
are at Title 36, Code of Federal Regulations, Part 800. Historic 
properties are defined in those regulations as any prehistoric or 
historic district, site, building, structure, or object included in 
or eligible for inclusion in the National Register for Historic 
Places.
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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 June 21, 
2010.
    For your convenience, there are three methods you can use to submit 
your comments to the Commission. In all instances, please reference the 
project docket number (PF10-14-000) with your submission. 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 3).

Becoming an Intervenor

    Once National Fuel 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., PF10-14). 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 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/

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EventCalendar/EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-12862 Filed 5-27-10; 8:45 am]
BILLING CODE 6717-01-P