[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8419-8421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01676]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF17-1-000]


DTE Midstream Appalachia, LLC; Notice of Intent To Prepare an 
Environmental Assessment for the Planned Birdsboro Pipeline Project, 
and Request for Comments on Environmental Issues, and Notice of Public 
Scoping Session

    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 Birdsboro Pipeline Project 
involving construction and operation of facilities by DTE Midstream 
Appalachia, LLC (DTE) in Berks County, Pennsylvania. 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 February 17, 2017.
    If you sent comments on this project to the Commission before the 
opening of this docket on October 14, 2016, you will need to file those 
comments in Docket No. PF17-1-000 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 planned 
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 planned facilities. The company 
would seek to negotiate a mutually acceptable agreement. However, if 
the Commission approves the project, that approval

[[Page 8420]]

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 (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.

Public Participation

    For your convenience, there are four methods you can use to submit 
your comments to the Commission. The Commission will provide equal 
consideration to all comments received, whether filed in written form 
or provided verbally. 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 
(PF17-1-000) with your submission: Kimberly D. Bose, Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE., Room 1A, 
Washington, DC 20426;
    (4) In lieu of sending written or electronic comments, the 
Commission invites you to attend the public scoping session its staff 
will conduct in the project area, scheduled as follows:

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               Date and time                          Location
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Thursday, February 2, 2017, 5:30-10:00 p.m  Oley Fair Center, 26
                                             Jefferson Street, Oley, PA,
                                             484-256-8009.
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    The primary goal of these scoping sessions is to have you identify 
the specific environmental issues and concerns that should be 
considered in the EA to be prepared for this project. Individual verbal 
comments will be taken on a one-on-one basis with a court reporter. 
This format is designed to receive the maximum amount of verbal 
comments, in a convenient way during the timeframe allotted.
    The scoping session is scheduled from 5:30 p.m. to 10:00 p.m. 
Eastern Standard Time. You may arrive at any time after 5:30 p.m. There 
will not be a formal presentation by Commission staff when the session 
opens. If you wish to speak, the Commission staff will hand out numbers 
in the order of your arrival; distribution of numbers will be 
discontinued at 8:00 p.m. Please see appendix 1 for additional 
information on the session format and conduct.\1\
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    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of the 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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    Your scoping comments will be recorded by the court reporter (with 
FERC staff or representative present) and become part of the public 
record for this proceeding. Transcripts will be publicly available on 
FERC's eLibrary system (see below for instructions on using eLibrary). 
If a significant number of people are interested in providing verbal 
comments in the one-on-one settings, a time limit of 5 minutes may be 
implemented for each commentor.
    It is important to note that verbal comments hold the same weight 
as written or electronically submitted comments. Although there will 
not be a formal presentation, Commission staff will be available 
throughout the comment session to answer your questions about the 
environmental review process. Representatives from DTE will also be 
present to answer project-specific questions.

Summary of the Planned Project

    DTE plans to construct and operate about 14 miles of up to 16-inch-
diameter pipeline and appurtenant facilities. The purpose of the 
planned Birdsboro Pipeline Project is to provide about 79,000 
dekatherms of natural gas per day to the Birdsboro Power Plant in Berks 
County, Pennsylvania. The Birdsboro Power Plant is not under the 
jurisdiction of FERC and will not be part of the proposed action 
evaluated in the EA. The power plant is/will be obtaining multiple 
federal, state, and local permits and approvals for construction and 
operation of the facility.
    The Birdsboro Pipeline Project would consist of the following 
facilities:
     About 14 miles of up to 16-inch-diameter pipeline;
     a pig launcher and receiver; \2\
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    \2\ A ``pig'' is a tool that the pipeline company inserts into 
and pushes through the pipeline for cleaning the pipeline, 
conducting internal inspections, or other purposes.
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     a new meter station and associated facilities at the Texas 
Eastern Transmission Company Pipeline right-of-way; and
     6 new mainline valves.
    The general location of the project facilities is shown in appendix 
2.

Land Requirements for Construction

    Construction of the planned facilities would disturb about 147.8 
acres of land for the aboveground facilities and the pipeline. 
Following construction, DTE would maintain about 82.7 acres 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 
\3\ 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. We will 
consider all filed comments during the preparation of the EA.
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    \3\ ``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;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;

[[Page 8421]]

     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate possible 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 
the FERC receives an application. 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.
    The EA will present our independent analysis of the issues. The EA 
will be available in the public record through eLibrary. We will also 
publish and distribute the EA to the public for an allotted comment 
period. We will consider all comments on the EA before we make 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 
related to this project to formally cooperate with us in the 
preparation of the EA.\4\ 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.
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    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
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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(s), 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.\5\ We will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPO(s) 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.
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    \5\ The Advisory Council on Historic Preservation 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.
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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 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 3).

Becoming an Intervenor

    Once DTE 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. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions for 
becoming an intervenor are in the ``Document-less Intervention 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 the Commission receives a formal 
application for the project.

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 (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., PF17-
1). 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 sessions 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: January 18, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-01676 Filed 1-24-17; 8:45 am]
 BILLING CODE 6717-01-P