[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57130-57133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22378]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-467-000]


Texas Gas Transmission, LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Henderson County 
Expansion Project, Request for Comments on Environmental Issues, and 
Schedule for Environmental Review

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the Henderson County 
Expansion Project (Project) involving construction and operation of 
facilities by Texas Gas Transmission, LLC (Texas Gas) in Henderson and 
Webster Counties, Kentucky and Posey and Johnson Counties, Indiana. The 
Commission will use the EIS in its decision-making process to determine 
whether Texas Gas's proposed Project is in the public convenience and 
necessity. The schedule for preparation of the EIS is discussed in the 
Schedule for Environmental Review section of this notice.
    As part of the National Environmental Policy Act (NEPA) review 
process, the Commission takes into account concerns the public may have 
about proposals and the environmental impacts that could result 
whenever it considers the issuance of a Certificate of Public 
Convenience and Necessity. This gathering of public input is referred 
to as ``scoping.'' By notice issued on July 29, 2021, in Docket No. 
CP21-467-000, the Commission opened a scoping period for the Project. 
Commission staff intends to prepare an EIS that will address the 
concerns raised during the initial scoping process and comments 
received in response to this notice.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the EIS, including comments on potential 
alternatives and impacts, and any relevant information, studies, or 
analyses of any kind concerning impacts affecting the quality

[[Page 57131]]

of the human environment. 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 
November 8, 2021. Further details on how to submit comments are 
provided in the Public Participation section of this notice.
    As mentioned above, the Commission opened a scoping period which 
expired on August 30, 2021. All substantive comments provided during 
the initial scoping session will be addressed in the EIS. Therefore, if 
you previously submitted comments on this Project to the Commission you 
do not need to file those comments again.
    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, the Natural Gas Act conveys the right of eminent 
domain to the company. 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. The Commission does 
not grant, exercise, or oversee the exercise of eminent domain 
authority. The courts have exclusive authority to handle eminent domain 
cases; the Commission has no jurisdiction over these matters.
    Texas Gas 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?'' which addresses typically asked questions, including 
the use of eminent domain and how to participate in the Commission's 
proceedings. This fact sheet along with other landowner topics of 
interest are available for viewing on the FERC website (www.ferc.gov) 
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    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 Commission. Be sure to reference the Project docket number (CP21-
467-000) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
12225 Wilkins Avenue, Rockville, MD 20852.
    Additionally, the Commission offers a free service called 
eSubscription. This service provides automatic notification of filings 
made to subscribed dockets, document summaries, and direct links to the 
documents. Go to https://www.ferc.gov/ferc-online/overview to register 
for eSubscription.

Summary of the Proposed Project, the Project Purpose and Need, and 
Expected Impacts

    Texas Gas proposes to construct and operate a new lateral and meter 
and regulator (M&R) station, upgrade an existing M&R station, and 
modify and add compression to Texas Gas' existing Slaughters Compressor 
Station. The Henderson County Expansion Project would provide up to 220 
million standard cubic feet of natural gas per day to Southern Indiana 
Gas and Electric Company d/b/a CenterPoint Energy Indiana South 
(CenterPoint) at its existing AB Brown Generating Station in Posey 
County, Indiana. According to Texas Gas, its Project would support 
CenterPoint's retirement of four existing coal-fired units and 
implementation of new intermittent renewable resources (i.e., solar and 
wind) by providing the reliability of intermittent natural gas service 
during natural fluctuations in wind and solar availability.
    The Henderson County Expansion Project would consist of the 
following facilities:
     Henderson County Lateral--Construction of an approximately 
24-mile-long, 20-inch-diameter natural gas transmission pipeline 
extending from a new tie-in facility in Henderson County, Kentucky to 
the new AB Brown M&R Station in Posey County, Indiana.
     AB Brown M&R Station and Point of Demarcation Site (Posey 
County, Indiana)--Construction of a delivery M&R station, receiver 
facility, and a 0.08-mile-long, 16-inch-diameter interconnecting 
pipeline terminating at the new Point of Demarcation Site which would 
serve as CenterPoint's tie-in for project facilities for its AB Brown 
Plant.
     Slaughters Compressor Station (Webster County, Kentucky)--
Installation of a new 4,863-horsepower Solar Centaur 50 turbine 
compressor unit with piping modifications and other appurtenant 
facilities, abandonment in place of the existing Compressor Unit 5, and 
placement on standby of existing Compressor Units 6 and 7.
     New ancillary facilities including a main line valve and 
tie-in facility in Henderson County, Kentucky and upgrades to an 
existing M&R station in Johnson County, Indiana.
    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 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.'' For instructions on 
connecting to eLibrary, refer to the last page of this notice. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the proclamation declaring a National 
Emergency concerning the Novel Coronavirus Disease (COVID-19), 
issued by the President on March 13, 2020. For assistance, contact 
FERC at [email protected] or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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    Based on environmental information provided by the Company, 
construction of the proposed facilities would disturb about 402 acres 
of land for the aboveground facilities and the pipeline. Following 
construction, Texas Gas would maintain about 152 acres for permanent 
operation of the Project's facilities; the remaining acreage would be 
restored and revert to former uses. About 47.5 percent of the proposed 
pipeline route parallels existing pipeline, utility, or road rights-of-
way.
    Based on an initial review of Texas Gas's proposal and public 
comments received during scoping, Commission staff have identified 
expected impacts

[[Page 57132]]

that deserve attention in the EIS. These include: 2.29 acres of wetland 
disturbance; 110 waterbody crossings (71 ephemeral streams, 21 
perennial streams, 17 intermittent streams, and 1 natural pond); visual 
impacts, greenhouse gas emissions, and potential impacts on wildlife 
management areas, special status species, environmental justice 
communities, and air quality.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could 
occur as a result of the construction and operation of the proposed 
Project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     greenhouse gas and climate;
     air quality and noise; and
     reliability and safety.
    Commission staff will also make recommendations on how to lessen or 
avoid impacts on the various resource areas. Your comments will help 
Commission staff focus its analysis on the issues that may have a 
significant effect on the human environment.
    The EIS will present Commission staff's independent analysis of the 
issues. Staff will prepare a draft EIS which will be issued for public 
comment. Commission staff will consider all timely comments received 
during the comment period on the draft EIS and revise the document, as 
necessary, before issuing a final EIS. Any draft and final EIS 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/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant 
email notification when the environmental document is issued.
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    \2\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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Alternatives Under Consideration

    The EIS will evaluate reasonable alternatives that are technically 
and economically feasible and meet the purpose and need for the 
proposed action.\3\ Alternatives currently under consideration include:
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    \3\ 40 CFR 1508.1(z).
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     The no-action alternative, meaning the Project is not 
implemented; and
     a system alternative evaluating whether the Project 
purpose could be met by use of an existing pipeline system.
    With this notice, the Commission requests specific comments 
regarding any additional potential alternatives to the proposed action 
or segments of the proposed action. Please focus your comments on 
reasonable alternatives (including alternative facility sites and 
pipeline routes) that meet the Project objectives, are technically and 
economically feasible, and avoid or lessen environmental impact.

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 initiated section 106 consultation for 
the Project in the notice issued on July 29, 2021, with the State 
Historic Preservation Offices, and other government agencies, 
interested Indian tribes, and the public to solicit their views and 
concerns regarding the project's potential effects on historic 
properties.\4\ This notice is a continuation of section 106 
consultation for the Project. The Project EIS 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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Schedule for Environmental Review

    On July 9, 2021, the Commission issued its Notice of Application 
for the Project. Among other things, that notice alerted other agencies 
issuing federal authorizations of the requirement to complete all 
necessary reviews and to reach a final decision on the request for a 
federal authorization within 90 days of the date of issuance of the 
Commission staff's final NEPA document for the Project. This notice 
identifies the Commission staff's planned schedule for completion of a 
final EIS for the Project, which is based on an issuance of the draft 
EIS in April 2022.

Issuance of Notice of Availability of the final EIS-- August 25, 2022
90-day Federal Authorization Decision Deadline \5\--November 23, 2022
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    \5\ The Commission's deadline applies to the decisions of other 
federal agencies, and state agencies acting under federally 
delegated authority, that are responsible for federal 
authorizations, permits, and other approvals necessary for proposed 
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the 
Commission's deadline for other agency's decisions applies unless a 
schedule is otherwise established by federal law.

    If a schedule change becomes necessary for the final EIS, an 
additional notice will be provided so that the relevant agencies are 
kept informed of the Project's progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations 
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is 
not listed here. Agencies with jurisdiction by law and/or special 
expertise may formally cooperate in the preparation of the Commission's 
EIS and may adopt the EIS to satisfy its NEPA responsibilities related 
to this Project. 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.

           Environmental Permits, Approvals, and Consultations
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               Agency                    Permit/approval/consultation
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Federal Energy Regulatory            Certificate of Public Convenience
 Commission.                          and Necessity under Section 7(c)
                                      of the Natural Gas Act.
U.S. Army Corps of Engineers--       Clean Water Act 404, Nationwide
 Louisville City District.            Permit 12.
U.S. Fish and Wildlife Service--     Endangered Species Act--Section 7
 Kentucky Ecological Services Field   Consultation, Migratory Bird
 Office.                              Treaty Act, Bald Eagle and Golden
                                      Eagle Protection Act.
U.S. Fish and Wildlife Service--
 Bloomington Ecological Services
 Field Office.
Kentucky Energy and Environment      Section 401 Water Quality
 Cabinet--Department of               Certification.
 Environmental Protection.

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Indiana Department of Environmental
 Management (IDEM).
Kentucky Heritage Council..........  National Historic Preservation Act,
                                      Section 106 Consultation.
Indiana Division of Historic
 Preservation.
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Environmental Mailing List

    This notice is being sent to the Commission's current environmental 
mailing list for the Project which 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 and includes a mailing address with their 
comments. 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. 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 need to make changes to your name/address, or if you would 
like to remove your name from the mailing list, please complete one of 
the following steps:
    (1) Send an email to [email protected] stating your 
request. You must include the docket number CP21-467-000 in your 
request. If you are requesting a change to your address, please be sure 
to include your name and the correct address. If you are requesting to 
delete your address from the mailing list, please include your name and 
address as it appeared on this notice. This email address is unable to 
accept comments.
    or
    (2) 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., 
CP21-467). 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: October 7, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22378 Filed 10-13-21; 8:45 am]
BILLING CODE 6717-01-P