[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56048-56051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19720]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-493-000]


Tennessee Gas Pipeline Company, LLC; Notice of Intent To Prepare 
an Environmental Impact Statement for the Proposed Cumberland 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

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impacts of the Cumberland Project (Project) involving construction and 
operation of facilities by Tennessee Gas Pipeline Company, LLC 
(Tennessee Gas) in Dickson, Houston, and Stewart County, Tennessee. The 
Commission will use the 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.
    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 March 2, 2022, in Docket No. 
PF22-2-000, the Commission opened a scoping period during Tennessee 
Gas' planning process for the Project and prior to filing a formal 
application with the Commission, a process referred to as ``pre-
filing.'' Tennessee Gas has now filed an application with the 
Commission, and staff intends to prepare an EIS that will address the 
concerns raised during the pre-filing 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 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 October 7, 2022. Further details on how to 
submit comments are provided in the Public Participation section of 
this notice.
    As mentioned above, during the pre-filing process the Commission 
opened a scoping period which expired on April 4, 2022; however, 
Commission staff continued to accept comments during the entire pre-
filing process. All substantive written and oral comments provided 
during pre-filing will be addressed in the EIS. Therefore, if you 
submitted comments on this Project to the Commission during the pre-
filing process in Docket No. PF22-02-000 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.
    Tennessee 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 (CP22-
493-000) 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

    Tennessee Gas requests authorization to construct, own, operate, 
and maintain 32 miles of new 30-inch-diameter natural gas pipeline 
(Cumberland Pipeline) from its existing Lines 100-3 and 100-4 to the 
Tennessee Valley Authority's (TVA) existing Cumberland Fossil Plant, 
which is currently coal-fired. TVA is evaluating options to replace the 
coal-fired capability of the Cumberland Fossil Plant; including the 
option of constructing a new natural-gas-fired power plant at the same 
site.\1\ The Cumberland Pipeline would be in Dickson, Houston, and 
Steward counties, Tennessee; and it would provide about 245,000 
dekatherms per day of natural gas per day to TVA.
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    \1\ In its draft environmental impact statement (87 Federal 
Register 25485; April 29, 2022), TVA identifies constructing a new 
natural gas-fired combined cycle power plant at its Cumberland 
Fossil Plant Reservation and associated Cumberland Pipeline (the 
subject of Tennessee Gas' proposal with FERC as described in this 
Notice) as its preferred alternative to replace part of the retired 
generation.
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    The Cumberland Project would consist of the following facilities:
     Approximately 32 miles of new 30-inch-diameter natural gas 
lateral pipeline, as described above.
     New Pressure Regulation Station comprised of bi-
directional back pressure regulation facilities (including a new 
Mainline Valve on each of TGP's Lines 100-3 and 100-4 at the origin of 
the newly planned Cumberland Pipeline in Dickson County, Tennessee.
     New Cumberland Meter Station at the terminus of the 
planned Cumberland Pipeline within TVA's

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newly proposed power plant in Steward County, Tennessee.
     New in-line inspection traps at each end of the planned 
Cumberland Pipeline.
     New Mainline Valve located at an intermediate location 
along the planned Cumberland Pipeline.
    The general location of the project facilities is shown in appendix 
1.\2\
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    \2\ 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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    Based on environmental information provided by Tennessee Gas, 
construction of the proposed facilities would disturb about 507.6 acres 
of land for the pipeline and the aboveground facilities. Following 
construction, Tennessee Gas would maintain about 193.5 acres for 
permanent operation of the project's facilities; the remaining acreage 
would be restored and revert to former uses.
    Based on an initial review of Tennessee Gas' proposal and public 
comments received during the pre-filing process, Commission staff have 
identified several expected impacts that deserve attention in the EIS. 
These include: impacts on air quality (greenhouse gases), alternatives, 
environmental justice, wildlife habitat, streams, and wetlands.

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;
 environmental justice;
 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. The U.S. Army Corps of Engineers (Nashville District) is a 
cooperating agency in the preparation of the EIS.\3\ 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 \4\ 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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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40 Code of Federal 
Regulations (CFR), Section 1501.8.
    \4\ 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.\5\ Alternatives currently under consideration include:
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    \5\ 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 March 3, 2022, with the Tennessee 
State Historic Preservation Office, 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.\6\ 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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    \6\ 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 29, 2022, 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 a final EIS 
for the Project, which is based on an issuance of the draft EIS in 
February 2023.

Issuance of Notice of Availability of the final EIS,--June 30, 2023
90-day Federal Authorization Decision Deadline,\7\--September 28, 2023
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    \7\ 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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                  Permit                               Agency
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CWA Section 404 Discharges to Waters of     U.S. Army Corps of
 the United States.                          Engineers.

[[Page 56051]]

 
CWA Section 402 Stormwater and              Tennessee Department of
 Construction Dewatering Permits.            Environment and
                                             Conservation.
NHPA Section 106 Consultation.............  Tennessee State Historic
                                             Preservation Office.
ESA Section 7 Consultation................  U.S. Fish and Wildlife
                                             Service.
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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 the U.S. Army Corps of 
Engineers, U.S. Environmental Protection Agency, 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 CP22-493-000 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., 
CP22-493). 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.
    Any planned 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: September 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-19720 Filed 9-12-22; 8:45 am]
BILLING CODE 6717-01-P