[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56835-56837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22670]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF12-9-000]


Constitution Pipeline Company, LLC; Notice of Intent To Prepare 
an Environmental Impact Statement for the Planned Constitution Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings

    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 proposed Constitution 
Pipeline Project (Project) involving construction and operation of 
facilities by Constitution Pipeline Company, LLC (Constitution) in 
Susquehanna County, Pennsylvania; and Broome, Chenango, Delaware, and 
Schoharie Counties, New York. 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 October 9, 2012.
    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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September 24, 2012, beginning at 7- Afton High School, 29 Academy
 10 p.m. EDT.                        Street, Afton, New York 13730.
September 25, 2012, beginning at 7- Schoharie High School, 136 Academy
 10 p.m. EDT.                        Dr., Schoharie, New York 12157,
                                     (attendees should enter via the
                                     main high school office entrance).
September 26, 2012, beginning at 7- Blue Ridge High School, 5058 School
 10 p.m. EDT.                        Road, New Milford, Pennsylvania
                                     18834.
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    The public meetings are designed to provide you with an opportunity 
to offer your comments on the Project. Constitution 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. 
Constitution 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, Constitution 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 (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

    Constitution has announced their plan to construct and operate 
approximately 120.6 miles of new 30-inch-diameter pipeline and 
associated pipeline facilities in Pennsylvania and New York. The 
Constitution Pipeline Project would provide about 650,000 dekatherms 
per day (Dth/d) of natural gas from two receipt points in Susquehanna 
County, Pennsylvania to two new delivery points with the existing 
Tennessee Gas Pipeline and the Iroquois Gas Transmission Pipeline in 
Schoharie County, New York.
    The proposed Constitution Pipeline Project would consist of the 
following:
     Construction of approximately 120.6 miles of new 30-inch-
diameter pipeline from Susquehanna County, Pennsylvania through Broome, 
Chenango, Delaware, and Schoharie Counties, New York;
     Installation of four new meter and regulation (M&R) 
stations including:
    [ssquf] Central M&R Receipt Station--a new M&R receipt station, 
including

[[Page 56836]]

pressure regulation, in Susquehanna County, Pennsylvania;
    [ssquf] Southwestern M&R Receipt Station--a new M&R receipt 
station, including pressure regulation, in Susquehanna County, 
Pennsylvania;
    [ssquf] Tennessee Gas M&R Delivery Station--a new M&R delivery 
station, including pressure regulation, in Schoharie County, New York; 
and
    [ssquf] Iroquois M&R Delivery Station--a new M&R delivery station, 
including pressure regulation, in Schoharie County, New York.
     Construction of a new compressor station:
    [ssquf] Schoharie Compressor Station--installation of two Solar 
Mars 100 16,000-horsepower turbines in Schoharie County, New York;
     Installation of a pig \2\ launcher at MP 0.0 in 
Susquehanna County, Pennsylvania and installation of a pig receiver at 
MP 120.6 in Schoharie County, New York; and
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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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     Installation of eight new main line valves assemblies; two 
in Susquehanna County, Pennsylvania; one in Broome County, New York; 
two in Delaware County, New York; and three in Schoharie County, New 
York.
    The general location of the proposed 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 
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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    At the request of the FERC, Constitution has developed and further 
refined an alternative route which generally parallels Interstate 88 
for a substantial portion of the route (Alternative M). Alternative M 
would be partially located in Otsego County, New York, in addition to 
the counties previously mentioned. Constitution recently mailed 
information regarding this route to potentially affected landowners. 
Landowners affected by this alternative are included on our mailing 
list. Your input on these and other route alternatives is requested.

Land Requirements for Construction

    Constitution is still in the planning phase for the Project, and 
workspace requirements have not been finalized. However, construction 
would disturb approximately 1,530 acres of land for the aboveground 
facilities and the pipeline. Following construction, about 737 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.

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 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;
     Cumulative Impacts; and
     Public Safety.
    We will also evaluate reasonable alternatives to the 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 Constitution in the project area in 
July 2012, and will again in September 2012, 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.

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 Constitution's open houses, 
preliminary consultations with other agencies, and the environmental 
information provided by Constitution. This preliminary list of issues 
and alternatives may be changed based on your comments and our 
analysis:
     Impacts from shallow bedrock and blasting;
     Potential effect on federal and state-listed sensitive 
species (such as Indiana bats and migratory birds);
     Impacts to residential areas;
     Impacts to areas recently flooded;
     Visual and other impacts from forest clearing, including 
impacts to ``greenfield'' areas;
     Impacts to agriculture;
     Effects on the local air quality and noise environment 
from construction and operation of the proposed facilities;
     Assessment of the no action alternative, existing systems 
and

[[Page 56837]]

alternative system configurations, and alternative routes to reduce or 
avoid environmental impacts; and
     Assessment of the I-88 Alternative (currently Alternative 
M) and other alternatives.

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 October 9, 2012.
    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 (PF12-9-000) 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 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 
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 Constitution formally files 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 Web site. 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 (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., PF12-9). 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 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 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 www.ferc.gov/esubscribenow.htm.
    Public meetings or site visits will be posted on the Commission's 
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along 
with other related information.
    Finally Constitution has established an internet Web site for the 
Project at www.constitutionpipeline.com. The Web site includes a 
description of the Project, viewing locations for Project materials and 
maps, frequently asked questions and responses, and links to related 
documents. You can also request additional information or provide 
comments directly to Constitution at 866-455-9103.

    Dated: September 7, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-22670 Filed 9-13-12; 8:45 am]
BILLING CODE 6717-01-P