[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16173-16176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06018]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-15-000]


Texas Eastern Transmission, LP; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Venice Extension 
Project, Request for Comments on Environmental Issues, Notice of Public 
Scoping Session, 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 Venice Extension Project 
(Project) involving construction and operation of facilities by Texas 
Eastern Transmission, LP (Texas Eastern) in Pointe Coupee, Iberville, 
Lafourche, and Plaquemines Parishes, Louisiana. The Commission will use 
this EIS in its decision-making process to determine whether the 
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.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies regarding the Project. 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 from its action whenever it considers the 
issuance of a Certificate of Public Convenience and Necessity. This 
gathering of public input is referred to as ``scoping.'' The main goal 
of the scoping process is to focus the analysis in the environmental 
document on the important environmental issues. Additional information 
about the Commission's NEPA process is described below in the NEPA 
Process and the EIS section of this notice.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the environmental document, including 
comments on potential alternatives and impacts, and any relevant 
information, studies, or analyses of any kind concerning impacts 
affecting the quality 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 April 15, 2022. Comments may be submitted in 
written or oral form. Further details on how to submit comments are 
provided in the Public Participation section of this notice.
    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 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?'' 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 four 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 also 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'';
    (3) You can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the project docket number (CP22-
15-000) 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

[[Page 16174]]

Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 
20852; or
    (4) In lieu of sending written comments, the Commission invites you 
to attend one of the virtual public scoping sessions its staff will 
conduct by telephone, scheduled as follows:

Date and Time

Tuesday, March 29, 2022, 5:00 p.m.-7:00 p.m. (EST), Call in number: 
800-779-8625, Participant code: 3472916
Wednesday, March 30, 2022, 5:00 p.m.-7:00 p.m. (EST), Call in number: 
800-779-8625, Participant code: 3472916

    The primary goal of these scoping sessions is to have you identify 
the specific environmental issues and concerns that should be 
considered in the environmental document. Individual oral comments will 
be taken on a one-on-one basis with a court reporter present on the 
line. This format is designed to receive the maximum amount of oral 
comments, in a convenient way during the timeframe allotted, and is in 
response to the ongoing COVID-19 pandemic.
    There will not be a formal presentation by Commission staff when 
the session opens. Each scoping session is scheduled from 5:00 p.m. to 
7:00 p.m. Eastern Time. You may call at any time after 5:00 p.m. at 
which time you will be placed on mute and hold. Calls will be answered 
in the order they are received. Once answered, you will have the 
opportunity to provide your comment directly to a court reporter with 
FERC staff or representative present on the line. A time limit of three 
minutes will be implemented for each commentor.
    Transcripts of all comments received during the scoping sessions 
will be publicly available on FERC's eLibrary system (see the last page 
of this notice for instructions on using eLibrary).
    It is important to note that the Commission provides equal 
consideration to all comments received, whether filed in written form 
or provided orally at a virtual scoping session.
    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 Eastern proposes to (i) construct, install, own, operate and 
maintain an approximately 3.0-mile-long, 36-inch-diameter pipeline 
segment on its Line 40 in Pointe Coupee Parish; (ii) abandon in place a 
2.2-mile-long, 36-inch-diameter existing pipeline segment on Line 40 in 
Pointe Coupee Parish; (iii) construct a new 31,900 horsepower (hp) 
compressor station and metering and regulating facilities in Pointe 
Coupee Parish; (iv) abandon in place the existing, inactive 19,800 hp 
compressor unit at its White Castle Compressor Station in Iberville 
Parish, and the existing, inactive 19,800 hp compressor unit at its 
Larose Compressor Station in Lafourche Parish; (v) install one new 
31,900 hp compressor unit and related appurtenances at both the White 
Castle and Larose Compressor Stations; and (vi) upgrade a metering and 
regulating facility on a platform in Plaquemines Parish.
    The Project would reverse natural gas flow on a portion of Texas 
Eastern's Line 40 to provide firm natural gas transportation service 
for up to 1,260,000 dekatherms per day on its existing Line 40 to an 
interconnection with a proposed pipeline lateral, owned and operated by 
Venture Global Gator Express, LLC, with ultimate delivery to Venture 
Global Plaquemines LNG, LLC's liquefied natural gas (LNG) terminal. 
Texas Eastern states that the Project is needed to provide the 
necessary natural gas pipeline infrastructure to ensure the firm 
transportation of natural gas to the Plaquemines LNG terminal that 
Venture Global Gator Express, LLC is seeking.
    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 the environmental information provided by Texas Eastern, 
construction of the proposed facilities would disturb about 285.5 acres 
of land for the aboveground facilities and the pipeline. Following 
construction, Texas Eastern would maintain about 42.2 acres for 
operation of the Project facilities; the remaining acreage would be 
restored and revert to former uses. About 56 percent of the proposed 
pipeline route parallels existing pipeline, utility, or road rights-of-
way.
    Based on an initial review of Texas Eastern's proposal, Commission 
staff have identified several expected impacts that deserve attention 
in the EIS. The majority of the Project impacts would be within 
waterbodies (with approximately 169.4 acres of potential impacts within 
these systems), resulting in further impacts on fisheries and essential 
fish habitat. Further, Project construction would impact about 28.6 
acres of forested land/wildlife habitat and require 13.6 acres for 
operation; multiple residences would be in close proximity to the 
abandonment of the existing pipeline segment; and the Project would 
increase air emissions.

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;
 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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[[Page 16175]]

     The no-action alternative, meaning the Project is not 
implemented;
     system alternatives, meaning using existing facilities to 
meet the needs of the Project;
     pipeline route alternatives, meaning using alternate 
pipeline routes that may avoid impacting specific resources or 
residences; and
     compression drive alternatives, meaning using different 
equipment to power the compressors, such as electric-driven units.
    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 is using this notice to initiate 
consultation with the applicable State Historic Preservation Office(s), 
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\ 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 November 24, 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 EIS for the Project. This 
notice identifies the Commission staff's planned schedule for 
completion of the final EIS for the Project, which is based on an 
issuance of the draft EIS in August 2022.

Issuance of Notice of Availability of the final EIS--February 17, 2023
90-day Federal Authorization Decision Deadline \5\--May 18, 2023
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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.

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                 Agency                               Permit
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U.S. Army Corps of Engineers...........  Section 404 of the Clean Water
                                          Act.
U.S. Fish and Wildlife Service.........  Consultation under Section 7 of
                                          the Endangered Species Act
                                          (ESA); Migratory Bird Treaty
                                          Act; Bald and Golden Eagle
                                          Protection Act; and Wildlife
                                          Coordination Act.
U.S. Department of Commerce; National    Section 7 of the ESA; Marine
 Oceanic and Atmospheric                  Mammal Protection Act; Section
 Administration, National Marine          305 of the Magnuson-Stevens
 Fisheries Service.                       Act.
Louisiana Department of Environmental    Section 401 of the Clean Water
 Quality (LDEQ).                          Act, Water Quality
                                          Certification.
Louisiana Division of Historic           Section 106 of the National
 Preservation.                            Historic Preservation Act.
Louisiana Department of Natural          Coastal Use Permit; Coastal
 Resources, Office of Coastal             Zone Consistency Review. JPA
 Management.                              filed with the U.S. Army Corps
                                          of Engineers--New Orleans
                                          District.
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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; environmental and public 
interest groups; Native American Tribes; and other interested parties. 
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 CP22-15-000 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).

[[Page 16176]]

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., 
CP22-15). 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: March 16, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-06018 Filed 3-21-22; 8:45 am]
BILLING CODE 6717-01-P