[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54876-54879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21778]


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DEPARTMENT OF ENERGY

[Docket No. PP-371]


Amended Notice of Intent To Modify the Scope of the Environmental 
Impact Statement and Conduct Additional Public Scoping Meetings, and 
Notice of Floodplains and Wetlands Involvement for the Northern Pass 
Transmission Line Project

AGENCY: Department of Energy.

ACTION: Amended notice of intent to modify the scope of the 
environmental impact statement and conduct additional public scoping 
meetings; notice of floodplains and wetlands involvement.

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SUMMARY:  The U.S. Department of Energy (DOE or the Department) 
announces its intent to modify the scope of the Northern Pass 
Transmission Line Project Environmental Impact Statement (DOE/EIS-0463) 
and to conduct additional public scoping meetings. As described in the 
February 11, 2011, Notice of Intent (NOI) (76 FR 7828), in October 
2010, Northern Pass Transmission LLC (Northern Pass or the Applicant) 
submitted an application to DOE for a Presidential permit to construct, 
operate, maintain, and connect a new electric transmission line across 
the U.S.-Canada border into northern New Hampshire. As explained in the 
2011 NOI, DOE will assess the potential environmental impacts from the 
proposed Federal action of granting a Presidential permit to Northern 
Pass. On July 1, 2013, the Applicant submitted to DOE an amended 
application for a Presidential permit that reflected proposed changes 
to the route of the Northern Pass project. A map of the proposed route 
and segment maps are available on the DOE EIS Web site established for 
the preparation of the EIS at www.northernpasseis.us. A copy of the 
amended Presidential permit application can be found at the DOE EIS Web 
site or at the program Web site http://energy.gov/oe/services/electricity-policy-coordination-and-implementation/international-electricity-regulatio-2 (scroll down to PP-371) or a copy can be 
requested by emailing Angela Troy at [email protected]. DOE now 
intends to revise the scope of the Environmental Impact Statement (EIS) 
to analyze the potential environmental impacts associated with these 
proposed changes.
    The U.S. Forest Service--White Mountain National Forest, U.S. Army 
Corps of Engineers (USACE)--New England District, and U.S. 
Environmental Protection Agency (EPA)--Region 1 (New England) are 
cooperating agencies in the preparation of the EIS.
    The EIS will provide the analysis to support a Forest Service 
decision on whether to issue a special use permit within the White 
Mountain National Forest. The responsible official for the Forest 
Service is the Forest Supervisor for the White Mountain National 
Forest.
    Because the proposed Federal action may involve floodplains and 
wetlands, the draft EIS will include a floodplains

[[Page 54877]]

and wetlands assessment as appropriate, and the final EIS and/or Record 
of Decision will include a floodplains and wetlands statement of 
findings.

DATES: The public scoping period will end on November 5, 2013. Written 
and oral comments will be given equal weight, and DOE will consider all 
comments emailed, postmarked or submitted on the Northern Pass EIS Web 
site by November 5, 2013, in defining the scope of this EIS. Comments 
submitted after the close of the comment period will be considered to 
the extent practicable.
    Locations, dates, and times for the public scoping meetings are 
listed in the SUPPLEMENTARY INFORMATION section of this Amended NOI.
    Requests to speak at one or more public scoping meeting(s) should 
be received at the address indicated below by September 18, 2013; 
requests received by that date will be given priority in the speaking 
order. However, requests to speak also may be made at the scoping 
meetings.

ADDRESSES: Requests to speak at a public scoping meeting(s), and 
requests for individuals to be added to the document mailing list (to 
receive a paper or electronic copy of the Draft EIS) should be 
addressed to: Brian Mills, Office of Electricity Delivery and Energy 
Reliability (OE-20), U.S. Department of Energy, 1000 Independence 
Avenue SW., Washington, DC 20585; by email to [email protected]; 
or by facsimile to 202-586-8008. For general information on the DOE 
NEPA process contact: Ms. Carol M. Borgstrom, Director, Office of NEPA 
Policy and Compliance (GC-54), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585; by email at 
[email protected]; at 202-586-4600, or 800-472-2756; or by facsimile 
at 202-586-7031.

FOR FURTHER INFORMATION CONTACT: For information on DOE's proposed 
action, contact Brian Mills by one of the methods listed in ADDRESSES 
above, or at 202-586-8267. For information on the Forest Service's role 
as a cooperating agency, contact Tiffany Benna by email at 
[email protected]; by phone at 603-536-6241; by facsimile at 603-536-
3685; or by mail at 71 White Mountain Drive, Campton, NH 03223. For 
information on the USACE's role as a cooperating agency and its permit 
process, contact David M. Keddell by email at 
[email protected]; by phone at 978-318-8692; or by mail at 
696 Virginia Road, Concord, MA 01742. For information on EPA's role as 
a cooperating agency, contact Timothy Timmermann by email at 
[email protected]; by phone at 617-918-1025; or by 
mail at 5 Post Office Square, Suite 100 (Mail code: ORA-17-1), Boston, 
MA 02109-3912.

SUPPLEMENTARY INFORMATION: 

Background

    Executive Order (E.O.) 10485, as amended by E.O. 12038, requires 
that before an electric transmission facility may be constructed, 
operated, maintained, or connected at the U.S. international border, a 
Presidential permit must be issued by DOE. E.O. 10485 provides that DOE 
may issue a Presidential permit upon finding issuance of the permit to 
be consistent with the public interest and after obtaining favorable 
recommendations from the U.S. Departments of State and Defense. In 
determining whether issuance of a Presidential permit would be 
consistent with the public interest, DOE considers the potential 
environmental impacts of the proposed project pursuant to the National 
Environmental Policy Act (NEPA), 42 U.S.C. 4321-4371 et seq., the 
impact of the proposed project' on electric reliability (including 
whether the proposed project would adversely affect the operation of 
the U.S. electric power supply system under normal and contingency 
conditions), and considers any other factors that DOE may find relevant 
to the public interest. The regulations implementing E.O. 10485 have 
been codified at 10 CFR 205.320-205.329. DOE's issuance of a 
Presidential permit would not mandate that the project be undertaken.
    On October 14, 2010, the Applicant applied to DOE for a 
Presidential permit to construct, operate, maintain, and connect a 
high-voltage direct current (HVDC) transmission line across the U.S.-
Canada border. After due consideration of the nature and extent of the 
proposed project, DOE determined that the appropriate level of NEPA 
review is an EIS and, published an NOI on February 11, 2011 (76 FR 
7828). On February 15, 2011, Northern Pass submitted an addendum 
updating and supplementing its Presidential permit application in 
certain respects, such as: The preferred border crossing location, 
routing information and potential environmental impacts. On April 12, 
2011, Northern Pass submitted a letter to DOE withdrawing support for 
certain alternatives and requesting an extension of the scoping period. 
On April 15, 2011, DOE issued a notice in the Federal Register (76 FR 
21338) reopening the public scoping period for 60 additional days, 
until June 14, 2011. On June 15, 2011, DOE issued a notice in the 
Federal Register reopening the scoping period until further notice (76 
FR 34969). On July 1, 2013, Northern Pass submitted an amended 
Presidential permit application to DOE, as described below.

Applicant's Proposal

    Northern Pass' amended application, replaces the application that 
Northern Pass submitted on October 14, 2010, and supplemented on 
February 15, 2011, and April 12, 2011. In the amended application, 
Northern Pass proposes to construct and operate a primarily overhead 
HVDC electric transmission line that would originate at an HVDC 
converter station to be constructed at the Des Cantons Substation in 
Qu[eacute]bec, Canada, then would be converted from HVDC to alternating 
current (AC) in Franklin, NH, and would continue to its southern 
terminus in Deerfield, NH (collectively the ``proposed Project''). The 
proposed facilities would be capable of transmitting up to 1200 
megawatts (MW) of power.
    The New Hampshire portion of the proposed Project would be a single 
circuit 300 kilovolt (kV) HVDC transmission line running approximately 
153 miles from the U.S. border crossing with Canada near the community 
of Pittsburg, NH, to a new HVDC-to-AC transformer facility to be 
constructed in Franklin, NH. From Franklin, NH, to the Project terminus 
at the Public Service Company of New Hampshire's existing Deerfield 
Substation located in Deerfield, NH, the proposed Project would consist 
of 34 miles of 345-kV AC electric transmission line. The total length 
of the proposed Project would be approximately 187 miles.
    The amended proposed route for the proposed Project remains largely 
unchanged from the application submitted on October 14, 2010, for the 
Central and Southern sections, but has been substantially reconfigured 
for the Northern section. Maps of these route sections are available on 
the DOE EIS Web site at www.northernpasseis.us. The amended proposed 
route continues to maximize the use of the existing right-of-way (ROW) 
in all sections.
    The majority of the Northern section of the amended proposed route 
has been moved to a less populated area on properties that Renewable 
Properties, Inc., an affiliate of Northern Pass, has purchased, leased, 
or obtained an easement on from landowners. The amended proposed route 
includes the use of additional existing ROW in the towns of Dummer, 
Stark, and

[[Page 54878]]

Northumberland, NH. It also includes two underground segments: 2,300 
feet and 7.5 miles in the towns of Pittsburg/Clarksville and 
Clarksville/Stewartstown, NH, respectively.
    In the Southern section, Northern Pass previously indicated that a 
deviation from the existing ROW would be necessary if the Federal 
Aviation Administration (FAA) requirements could not be met to locate 
the proposed transmission line in the existing ROW around Concord 
Airport. In its amended application, Northern Pass states that it has 
determined that the proposed Project can meet the necessary FAA 
requirements, and the amended proposed route reflects that the proposed 
Project would follow the existing ROW near the Concord Airport.
    The amended application also notes key developments since Northern 
Pass' original application filing, including additional information 
about the potential environmental, historical, and cultural impacts of 
the proposed Project, information about the transmission structure 
locations and heights along the entire proposed route, and discussion 
of certain alternatives suggested through public comment.

Notice of Floodplains and Wetlands Involvement

    Because the proposed Federal action may involve floodplains and 
wetlands, in accordance with 10 CFR Part 1022, Compliance with 
Floodplain and Wetland Environmental Review Requirements, as part of 
the analysis of impacts, DOE will conduct field delineation of 
floodplains and wetlands along Northern Pass' proposed amended route 
and, as applicable, any reasonable alternatives, using state and 
federal protocols and consulting Federal Emergency Management Agency 
Flood Insurance Rate Maps. The EIS will include a floodplains and 
wetlands assessment, as appropriate, and the final EIS or record of 
decision will include a floodplains statement of findings.

Previous Public Scoping

    The public scoping period has remained open for comment almost 
continuously since the NOI was published on February 11, 2011. Most 
recently, on June 15, 2011, the Department announced a reopening of the 
public scoping period, in anticipation of additional route information 
being provided by Northern Pass, and stated that the scoping period 
would remain open until the Department provided further notice of its 
closing. (76 FR 34969; June 15, 2011). To date, the Department has 
received over 3,000 scoping comments. Commenters have expressed 
concerns over a broad range of topics, including, but not limited to, 
the range of alternatives to be considered in the EIS, potential 
socioeconomic impacts in the region, potential visual impacts, the 
agencies' purpose and need, the NEPA process, potential impacts to 
wildlife, and potential impacts to tourism. DOE held public scoping 
meetings from March 14 through March 20, 2011, in Pembroke, Franklin, 
Lincoln, Whitefield, Plymouth, Colebrook, and Haverhill, NH. DOE will 
consider these comments, as well as those submitted during the duration 
of the scoping period. In addition, DOE will consider comments 
submitted after the close of the scoping period to the extent 
practicable. Information on additional public scoping meetings can be 
found below in the Public Scoping Process for the Amended Application 
section.

Agency Purpose and Need, Proposed Action, and Alternatives

    The purpose and need for DOE's action is to decide whether to grant 
a Presidential permit for the Northern Pass Project. DOE's proposed 
Federal action is the granting of the Presidential permit for the 
construction, operation, maintenance, and connection of the proposed 
new electric transmission line across the U.S.-Canada border in New 
Hampshire. The EIS will analyze potential environmental impacts of the 
proposed Federal action, reasonable alternatives, and the No Action 
Alternative. Under the No Action Alternative, DOE would deny the 
Northern Pass application for a Presidential permit.
    DOE invites Tribal governments and Federal, state, and local 
agencies with jurisdiction by law or special expertise with respect to 
environmental issues to be cooperating agencies in the preparation of 
the EIS, pursuant to 40 CFR 1501.6. Cooperating agencies have certain 
responsibilities to support the NEPA process, as specified at 40 CFR 
1501.6(b). The U.S. Forest Service--White Mountain National Forest, 
U.S. Army Corps of Engineers--New England District, and U.S. 
Environmental Protection Agency--Region 1 (New England) are cooperating 
agencies.
    Where the activity involves the discharge of dredged or fill 
material into waters of the United States, a permit from the Army Corps 
of Engineers is required pursuant to Section 404 of the Clean Water Act 
(33 U.S.C. 1344). Army Corps of Engineers regulations provide for 
concurrent decision making with states, and combining insofar as 
possible processes and procedures, including public involvement 
procedures, and the review of public interest factors (33 CFR 
320.4(a)(1)) leading to a Section 404 Permit decision. The Army Corps 
of Engineers General Regulatory Policies can be found at 33 CFR Part 
320.
    The Forest Service is evaluating whether to issue a special use 
permit to Northern Pass to construct, operate, and maintain a new 
electric transmission line in the White Mountain National Forest. The 
EIS will provide the analysis needed to support a Forest Service 
decision and will be consistent with Forest Service NEPA regulations 
found at 36 CFR Part 220. In addition, the EIS will identify Forest 
Plan management direction that would apply to this project, and 
determine whether the proposed action or any alternative would require 
a site-specific Forest Plan amendment.

USFS Objections Process

    The proposed project is an activity implementing a land management 
plan that is subject to the objection process described in 36 CFR part 
218 Subparts A and B. The public is encouraged to provide specific 
written comments on this proposal, including supporting reasons for the 
responsible official to consider. Specific written comments are within 
the scope of and have a direct relationship to the proposed action. 
Transcripts of oral comments meeting these criteria and presented at 
official scoping meetings will be considered specific written comments. 
Written comments will be accepted for 60 calendar days following this 
publication of the amended notice of intent in the Federal Register. 
This publication is the exclusive means for calculating the comment 
period.
    It is the responsibility of persons providing comments to submit 
them by the close of the scoping comment period. Only those who submit 
timely and specific written comments during a designated opportunity 
for public participation, including this scoping period or the comment 
period associated with the Draft EIS, will have eligibility to file an 
objection under Sec.  218.8. For objection eligibility, each individual 
or representative from each entity submitting timely and specific 
written comments must either sign the comment or verify identity upon 
request. Individuals and organizations wishing to be eligible to object 
must meet the information requirements in Sec.  218.25(a)(3). Names and 
contact information submitted with comments will become part of the 
public record and may be released under the Freedom of Information Act.

[[Page 54879]]

Section 106 Review

    As outlined in 36 CFR Part 800, ``Protection of Historic 
Properties,'' DOE will comply with Section 106 of the National Historic 
Preservation Act of 1966, as amended, (NHPA) as a separate, but 
parallel, process to the NEPA process. DOE will provide information 
about its compliance with Section 106 of the NHPA in subsequent Federal 
Register notices.

Public Scoping Process for the Amended Application

    Interested parties are invited to participate in the scoping 
process, both to help define the environmental issues to be analyzed 
and to identify the range of reasonable alternatives. Both oral and 
written comments will be considered and given equal weight, regardless 
of how submitted. Written comments can be submitted either 
electronically or by paper copy; if the latter, consider using a 
delivery service because materials submitted by regular mail often 
arrive damaged. (Warped and unusable CD or DVD discs are common.) 
Additionally, comments can be submitted through the project Web site at 
www.northernpasseis.us. This site will also serve as a repository for 
all public documents and the central location for announcements. 
Individuals may subscribe to the ``email list'' feature on the project 
Web site in order to receive future announcements and news releases.
    As part of the scoping process, DOE will hold the following 
additional scoping meetings:
    1. Concord, NH, Grappone Conference Center, 70 Constitution Avenue, 
Monday, September 23, 2013, 6-9 p.m.;
    2. Plymouth, NH, Plymouth State University, Silver Center for the 
Arts, Hanaway Theater, 17 High Street, Tuesday, September 24, 2013, 5-8 
p.m.;
    3. Whitefield, NH, Mountain View Grand Resort & Spa, Presidential 
Room, 101 Mountain View Road, Wednesday, September 25, 2013, 5-8 p.m.; 
and
    4. West Stewartstown, NH, The Outback Pub at The Spa Restaurant, 
869 Washington Street, Thursday, September 26, 2013, 5-8 p.m.
    If assistance is needed to participate in any of the DOE scoping 
meetings (e.g., qualified interpreter, computer-aided real-time 
transcription), please submit a request for auxiliary aids and services 
to DOE by September 16, 2013 by contacting Brian Mills as described in 
the ADDRESSES section above.
    The scoping meetings will be structured in two parts: First, an 
open house portion for the initial 30 minutes of each meeting that will 
not be recorded; and second, a formal commenting session for the 
remainder of each meeting, during which oral comments will be 
transcribed by a stenographer. The meetings will provide interested 
parties the opportunity to view exhibits on the proposed Project and 
provide scoping comments. The Applicant will be available to answer 
questions and provide information to attendees. Meeting attendees are 
not permitted to bring in any items that may be disruptive to the 
meeting, and therefore interfere with the public's right to participate 
in the NEPA process. Each venue reserves the right to restrict any such 
unpermitted items.
    Persons submitting comments during the scoping process, whether 
orally or in writing, will be added to the mailing list to receive 
either paper or electronic copies of the Draft EIS, according to their 
preference. Persons who do not wish to submit comments or suggestions 
at this time, but who would like to receive a copy of the Draft EIS for 
review and comment when it is issued, should notify Brian Mills, as 
provided in the ADDRESSES section above, with their paper-or-electronic 
preference.
    DOE will summarize comments received in a ``Scoping Report'' that 
will be available on the project Web site.

EIS Preparation and Schedule

    Following completion of the Scoping Report, DOE will prepare the 
Draft EIS, taking into consideration comments received during the 
scoping period. DOE plans to issue the Draft EIS in 2014. After DOE 
issues the Draft EIS, the EPA will publish a notice of availability 
(NOA) of the Draft EIS in the Federal Register, which will begin a 
minimum 45-day public comment period. DOE will announce how to comment 
on the Draft EIS and will hold at least one public hearing during the 
public comment period. In preparing the Final EIS, DOE will respond to 
comments received on the Draft EIS. DOE plans to issue the Final EIS in 
2015. No sooner than 30 days after the EPA publishes a NOA of the Final 
EIS, DOE will issue its Record of Decision.

    Issued in Washington, DC, on August 29, 2013.
Patricia A. Hoffman,
Assistant Secretary, Office of Electricity Delivery and Energy 
Reliability.
[FR Doc. 2013-21778 Filed 9-5-13; 8:45 am]
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