[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69810-69811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24268]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-501-000]


Texas Eastern Transmission, LP; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Marshall County Mine Panel 
17w Project Request for Comments on Environmental Issues

    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 proposed Marshall County Mine 
Panel 17W Project involving construction and operation of facilities by 
Texas Eastern Transmission, LP (Texas Eastern) in Marshall County, West 
Virginia. Texas Eastern indicates the project would excavate, elevate 
and/or replace certain sections of four different pipelines and 
appurtenant facilities located in Marshall County due to planned 
longwall mining activities. The Commission will use this EA 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. 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. 
Your input will help the Commission staff determine what issues they 
need to evaluate in the EA. To ensure that your comments are timely and 
properly recorded, please send your comments so that the Commission 
receives them in Washington, DC on or before October 30, 2016.
    If you sent comments on this project to the Commission before the 
opening of this docket on September 29, 2016, you will need to file 
those comments in Docket No. CP16-501-000 to ensure they are considered 
as part of this proceeding.
    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives should notify their constituents of this proposed 
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the proposed facilities. The company 
would seek to negotiate a mutually acceptable agreement. However, if 
the Commission approves the project, 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.
    Texas Eastern provided landowners with a fact sheet prepared by the 
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do 
I Need To Know?'' 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. It is also available for viewing on 
the FERC Web site (www.ferc.gov).

Public Participation

    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 staff available to assist you at 
(202) 502-8258 or [email protected]. Please carefully follow these 
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. This is an easy method for submitting brief, 
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. With eFiling, you can provide comments in a 
variety of formats by attaching them as a file with your submission. 
New eFiling users must first create an account by clicking on 
``eRegister.'' If you are filing a comment on a particular project, 
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address. Be sure to reference the project docket number 
(CP16-501-000) with your submission: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, 
Washington, DC 20426.

Summary of the Proposed Project

    Texas Eastern proposes to excavate and elevate 0.5-mile-sections of 
each of its Lines 10 (30-inch diameter), 15 (30-inch-diameter), 25 (36-
inch-diameter) and 30 (36-inch-diameter) to minimize and monitor 
potential strains on the pipelines due to anticipated longwall mining 
activities of Marshall Coal. Concurrent with pipeline elevation, 
portions of two of the lines, Lines 10 and 15, would be replaced with 
new pipe to accommodate a minimum Class 2 design. All but two sections 
of Lines 10 and 15 will be removed. Texas Eastern will also perform 
maintenance activities on sections of Lines 25 and 30. The four 
mainline sections will be returned to natural gas service while 
remaining elevated using sandbags and skids during the longwall mining 
activities and potential ground subsidence. Once the mining-induced 
subsidence and the 2017-2018 heating season have both ended, the two 
sections of Lines 10 and 15 located within wetlands will be removed and 
the four elevated pipeline sections will be re-installed belowground, 
hydrostatically tested, and placed back into service.
    The general location of the project facilities is shown in appendix 
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear 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.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction workspace would disturb about 54.7 acres of land for 
the pipeline excavation, elevation, and/or replacement. Following 
construction, Texas Eastern would maintain about 8.6 acres of existing 
right-of-way for permanent operation of the project's facilities; the 
remaining acreage would be restored and revert to former uses.

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

[[Page 69811]]

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. We will 
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of 
the construction and operation of the proposed project under these 
general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate reasonable alternatives to the proposed 
project or portions of the project, and make recommendations on how to 
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA 
will be available in the public record through eLibrary. Depending on 
the comments received during the scoping process, we may also publish 
and distribute the EA to the public for an allotted comment period. We 
will consider all comments on the EA before making our recommendations 
to the Commission. To ensure we have the opportunity to consider and 
address your comments, please carefully follow the instructions in the 
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues of 
this project to formally cooperate with us in the preparation of the 
EA.\3\ 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.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, we are using this notice to initiate consultation 
with the applicable State Historic Preservation Office (SHPO), and to 
solicit their views and those of other government agencies, interested 
Indian tribes, and the public on the project's potential effects on 
historic properties.\4\ We will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPO as the project 
develops. On natural gas facility projects, the APE at a minimum 
encompasses all areas subject to ground disturbance (examples include 
construction right-of-way, contractor/pipe storage yards, compressor 
stations, and access roads). Our EA for this project will document our 
findings on the impacts on historic properties and summarize the status 
of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations 
are at Title 36, Code of Federal Regulations, Part 800. Those 
regulations define historic properties as any prehistoric or 
historic district, site, building, structure, or object included in 
or eligible for inclusion in the National Register of Historic 
Places.
---------------------------------------------------------------------------

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 
proposed project.
    If we publish and distribute the EA, copies of the EA 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

    In addition to involvement in the EA scoping process, 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 in 
the ``Document-less Intervention Guide'' under the ``e-filing'' link on 
the Commission's Web site. Motions to intervene are more fully 
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

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 at 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., CP16-
501). 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 www.ferc.gov/docs-filing/esubscription.asp.
    Finally, 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.

    Dated: September 30, 2016.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-24268 Filed 10-6-16; 8:45 am]
 BILLING CODE 6717-01-P