[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 43965-43967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18276]



[[Page 43965]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. PF10-17-000]


Texas Eastern Transmission, LP; Algonquin Gas Transmission, LLC; 
Notice of Intent To Prepare an Environmental Impact Statement for the 
Planned New Jersey-New York Expansion Project, Request for Comments on 
Environmental Issues, and Notice of Public Scoping Meetings

July 16, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will address the environmental impacts of the New Jersey-New York 
Expansion Project (NJ-NY Expansion Project or Project) involving 
construction and operation of facilities by Spectra Energy Corporation 
(Spectra Energy) natural gas pipeline companies; Texas Eastern 
Transmission, LP (Texas Eastern) and Algonquin Gas Transmission, LLC 
(Algonquin) (collectively, the Applicants); in the Boroughs of Staten 
Island and Manhattan, New York; Hudson, Union, Bergen, and Morris 
Counties, New Jersey; and Middlesex County, Connecticut. This EIS 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 that 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 EIS. Please note that 
the scoping period will close on August 20, 2010.
    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.
    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 \1\ invite you to attend the public 
scoping meetings scheduled as follows:
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    \1\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).

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           Date and time                          Location
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August 2, 2010, 7 p.m. EDT........  Knights of Columbus Hall, 669 Avenue
                                     C, Bayonne, New Jersey 07002.
August 3, 2010, 7 p.m. EDT........  PS 44--Thomas C. Brown School
                                     Auditorium, 80 Maple Parkway,
                                     Staten Island, New York 10303.
August 4, 2010, 7 p.m. EDT........  James J. Ferris High School
                                     Auditorium, 35 Colgate Street,
                                     Jersey City, New Jersey 07302.
August 5, 2010, 7 p.m. EDT........  Westbeth Artists Housing Community
                                     Room, 55 Bethune Street, New York,
                                     New York 10014.
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    The public meetings are designed to provide you with more detailed 
information and another opportunity to offer your comments on the 
proposed project. Texas Eastern and Algonquin representatives will be 
present one hour before each meeting to describe their proposal, 
present maps, and answer questions. Interested groups and individuals 
are encouraged to attend the meetings and to present comments on the 
issues they believe should be addressed in the EIS. A transcript of 
each meeting will be made so that your comments will be accurately 
recorded.
    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 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 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 Proposed Project

    Texas Eastern and Algonquin have announced their plans to construct 
and operate approximately 20.0 miles of new 42-inch-diameter and 30-
inch-diameter pipeline and associated pipeline facilities, and abandon 
2.2 miles of 12-inch-diameter pipeline in New Jersey, New York, and 
Connecticut. The NJ-NY Expansion Project would provide about 800 
thousand dekatherms per day (Mdt/d) of natural gas from multiple 
receipt points on the Texas Eastern and Algonquin pipeline systems to 
new delivery points in New Jersey and New York. The Applicants have 
indicated that the project would eliminate capacity constraints in the 
region, increase competition, and reduce gas price volatility.
    The NJ-NY Expansion Project would consist of the following:
     Replacement of approximately 4.5 miles of existing 12-
inch-diameter and 20-inch-diameter pipelines with a single 42-inch-
diameter pipeline between Texas Eastern's existing Linden Compressor 
Station in Linden, New Jersey and an existing metering and regulating 
(M&R) station in the Borough of Staten Island, New York;
     Construction of approximately 15.5 miles of new 30-inch-
diameter pipeline from Texas Eastern's existing metering and regulating 
station in the Borough of Staten Island, New York, through Bayonne and 
Jersey City, New Jersey, to the Borough of Manhattan, New York;
     Abandon in-place approximately 1.3 miles of 12-inch-
diameter pipeline in Linden, New Jersey and 0.9 miles of 12-inch-
diameter pipeline in the Borough of Staten Island, New York;
     Installation of six new M&R stations including:
    [dec221] Hanover M&R Stations--two new M&R stations, including 
pressure regulation, at the existing Hanover Compressor Station in 
Morris County, New Jersey;
    [dec221] Bayonne M&R Station--a new M&R station, including a heater 
and pressure regulation, in Hudson County, New Jersey;
    [dec221] Jersey City M&R Station--a new M&R station, including 
heaters and pressure regulation, in Hudson County, New Jersey;
    [dec221] Mahwah M&R Station--a new M&R station, including a heater 
and pressure regulation, within the property lines of an existing M&R 
station in Bergen County, New Jersey; and

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    [dec221] Ramapo M&R Station--a new M&R station, including a heater 
and pressure regulation, adjacent to an existing M&R station in 
Rockland County, New York.
     Modifications to three existing compressor stations and 
two existing M&R stations including:
    [dec221] Hanover Compressor Station--installation of reverse 
suction and discharge lines and modification of the existing Solar 
Taurus 60 compressor unit in Morris County, New Jersey;
    [dec221] Cromwell and Hanover Compressor Stations--modification of 
piping to accommodate bi-directional flows in Middlesex County, 
Connecticut and Morris County, New Jersey, respectively; and
    [dec221] Texas Eastern M&R Stations--installation of tap valves and 
over-pressure protection at existing M&R stations in Union County, New 
Jersey and the Borough of Staten Island, New York.
     Installation of pig \2\ launcher and receiver facilities 
at the existing Linden Compressor Station in Linden, New Jersey and an 
existing M&R station in the Borough of Staten Island, New York; 
installation of a pig launcher in Jersey City, New Jersey; mainline 
valves in Bayonne and Jersey City, New Jersey; and a block valve and 
flange in an underground vault in the Borough of Manhattan, New York to 
accommodate a receiver.
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    \2\ A pig is a tool that can be used to clean and dry a pipeline 
and/or to inspect it for damage or corrosion.
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    The general location of the project facilities is shown in Appendix 
1.\3\
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    \3\ 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

    The Applicants are still in the planning phase for the NJ-NY 
Expansion Project, and workspace requirements have not been finalized. 
However, construction would disturb approximately 268 acres of land for 
the aboveground facilities and the pipeline. Following construction, 
about 108 acres would be used for permanent operation of the project's 
facilities. The remaining acreage would be restored and allowed to 
revert to former uses. Approximately 63.5% of the planned route is 
located within or adjacent to Texas Eastern's existing rights-of-way 
and/or existing roadway, railway, or other utility rights-of-way.

The EIS 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 EIS on the important 
environmental issues. By this notice, the Commission requests public 
comments on the scope of the issues to address in the EIS. All comments 
received will be considered during the preparation of the EIS.
    In the EIS 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;
     Vegetation and wildlife
     Endangered and threatened species;
     Cultural resources;
     Air quality and noise;
     Socioeconomics; 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 
EIS. In addition, representatives from the FERC participated in public 
Open House meetings sponsored by the Applicants in the project area in 
June 2010, to explain the environmental review process to interested 
stakeholders.
    Our independent analysis of the issues will be presented in the 
EIS. The EIS will be published and distributed for public comment. We 
will consider all timely comments and revise the document, as 
necessary, before issuing a final EIS. To ensure your comments are 
considered, please carefully follow the instructions in the Public 
Participation section of this notice.
    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 EIS. 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 Environmental Protection Agency and the New York City 
Mayor's Office have expressed their intention to participate as 
cooperating agencies in the preparation of the EIS 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, we are using this notice to solicit the views 
of the public on the project's potential effects on historic 
properties.\4\ 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 EIS.
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    \4\ 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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Currently Identified Environmental Issues

    We have already identified several issues and alternatives that we 
think deserve attention based on a preliminary review of the proposed 
facilities, comments made to us at the Applicant's open houses, 
preliminary consultations with other agencies, and the environmental 
information provided by the Applicants. This preliminary list of issues 
and alternatives may be changed based on your comments and our 
analysis:
     Contaminated soils and sediments;
     Evaluation of temporary and permanent impacts on wetlands, 
restoration of wetlands, and development of appropriate wetland 
mitigation options;
     Assessment of locations for HDD crossings of major 
waterbodies, including the Arthur Kill, Kill Van Kull, and the Hudson 
River;
     Effect on tidal systems and essential fish habitat;

[[Page 43967]]

     Potential effect on federal and state-listed sensitive 
species;
     Impacts on residential areas;
     Impacts on publically-owned lands and compatibility of 
uses;
     Visual impacts;
     Effects on transportation and traffic;
     Environmental Justice concerns;
     Effects on the local air quality and noise environment 
from construction and operation of the proposed facilities;
     Potential impacts of multiple large projects on-going 
during the same construction timeframe;
     Assessment of hazards associated with natural gas 
pipelines located in heavily populated areas; and
     Assessment of the no action alternative, existing systems 
and alternative system configurations, and alternative routes or 
aboveground facility sites to reduce or avoid environmental impacts.

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 impact. 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 August 20, 
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 (PF10-17-000) 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 link 
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.
    Copies of the completed draft EIS 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 Mailing List Form (Appendix 2).

Becoming an Intervenor

    Once the Applicants formally file their 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 a 
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 website. Please note that the 
Commission will not accept requests for 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 1-866-208-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., PF10-17). 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 on the FERC Internet website 
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 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. 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. 2010-18276 Filed 7-26-10; 8:45 am]
BILLING CODE 6717-01-P