[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43825-43827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15575]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-471-000]


Texas Eastern Transmission LP; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Bailey East Mine Panel 12J 
Project and 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 Bailey East Mine Panel 12J 
Project involving construction and operation of facilities by Texas 
Eastern Transmission LP (Texas Eastern) in Marshall County, West 
Virginia. 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 about issues regarding the project. The National Environmental 
Policy Act (NEPA) requires the Commission to take into

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account the environmental impacts that could result from its action 
whenever it considers the issuance of a Certificate of Public 
Convenience and Necessity. NEPA also requires the Commission to 
discover 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 
issues to address in the EA. To ensure that your comments are timely 
and properly recorded, please submit your comments so that the 
Commission receives them in Washington, DC on or before 5:00 p.m. 
Eastern Time on August 12, 2020.
    You can make a difference by submitting 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. Commission 
staff will consider all filed comments during the preparation of the 
EA.
    If you sent comments on this project to the Commission before the 
opening of this docket on June 1, 2020, you will need to file those 
comments in Docket No. CP20-471-000 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 easement agreement. You 
are not required to enter into an agreement. However, if the Commission 
approves the project, that approval conveys with it the right of 
eminent domain. Therefore, if you and the company do not reach an 
easement agreement, the pipeline company could initiate condemnation 
proceedings in court. In such instances, compensation would be 
determined by a judge 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 website (www.ferc.gov) under the natural gas Landowner Topics 
link.

Public Participation

    The Commission offers a free service called eSubscription which 
makes it easy to stay informed of all issuances and submittals 
regarding the dockets/projects to which you subscribe. These instant 
email notifications are the fastest way to receive notification and 
provide a link to the document files which can reduce the amount of 
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    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 staff available to assist you at (866) 208-
3676 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, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. Using eComment 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, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. 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.'' 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 can file a paper copy of your comments by mailing them to 
the following address using the U.S. Postal Service. Be sure to 
reference the project docket number (CP20-471-000) with your 
submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 888 First Street NE, Room 1A, Washington, DC 20426. 
Submissions sent through carriers other than the U.S. Postal Service 
must be sent to 12225 Wilkins Avenue, Rockville, Maryland 20852 for 
processing.

Summary of the Proposed Project

    Texas Eastern proposes to excavate and elevate sections of four 
natural gas transmission pipelines due to longwall mining activities. 
According to Texas Eastern, its project would allow for safe and 
efficient operation of Texas Eastern's existing pipeline facilities for 
the duration of the longwall mining activities planned by CONSOL Energy 
Inc. in the area beneath Texas Eastern's pipelines. The general 
location of the project facilities is shown in appendix 1.\1\
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    \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.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 37.7 
acres of land for the excavation and elevation of the pipeline 
segments. Following construction, Texas Eastern would maintain about 
15.2 acres for permanent operation of the project's facilities; the 
remaining acreage would be restored and revert to former uses. The 
proposed pipeline excavation and elevation parallels existing pipeline 
rights-of-way for 100 percent of the project.

The EA Process

    The EA 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;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts
    Commission staff 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 Commission staffs' independent analysis of the 
issues. The EA will be available in electronic format in the public 
record through eLibrary \2\ and the Commission's natural gas 
environmental documents web page (https://www.ferc.gov/industries-data/

[[Page 43827]]

natural-gas/environment/environmental-documents). If eSubscribed, you 
will receive instant email notification when the EA is issued. The EA 
may be issued for an allotted public comment period. Commission staff 
will consider all comments on the EA before making recommendations to 
the Commission. To ensure Commission staff have the opportunity to 
address your comments, please carefully follow the instructions in the 
Public Participation section, beginning on page 2.
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    \2\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues of this project to formally cooperate 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.
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    \3\ 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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Consultation 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, the Commission is using this notice to initiate 
consultation with the applicable State Historic Preservation Office, 
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\ The EA for this project will 
document findings on the impacts on historic properties and summarize 
the status of consultations under section 106.
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    \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.
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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. Commission staff will update the environmental 
mailing list as the analysis proceeds to ensure that Commission notices 
related to this environmental review are sent to all individuals, 
organizations, and government entities interested in and/or potentially 
affected by the proposed project.
    If the Commission issues the EA for an allotted public comment 
period, a Notice of Availability of the EA will be sent to the 
environmental mailing list and will provide instructions to access the 
electronic document on the FERC's website (www.ferc.gov). If you need 
to make changes to your name/address, or if you would like to remove 
your name from the mailing list, please return the attached ``Mailing 
List Update Form'' (appendix 2).

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 website at www.ferc.gov using the eLibrary link. Click on the 
eLibrary link, click on ``General Search'' and enter the docket number 
in the ``Docket Number'' field, excluding the last three digits (i.e., 
CP20-471). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or (866) 208-3676, or for TTY, contact (202) 
502-8659. The eLibrary link also provides access to the texts of all 
formal documents issued by the Commission, such as orders, notices, and 
rulemakings.
    Public sessions or site visits will be posted on the Commission's 
calendar located at https://www.ferc.gov/news-events/events along with 
other related information.

    Dated: July 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15575 Filed 7-17-20; 8:45 am]
BILLING CODE 6717-01-P