[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65759-65762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23664]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-503-000, Docket No. CP22-502-000]


Columbia Gas Transmission, LLC; Transcontinental Gas Pipe Line 
Company, LLC; Notice of Intent To Prepare an Environmental Impact 
Statement for The Proposed Virginia Reliability Project and 
Commonwealth Energy Connector 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 Virginia Reliability 
Project and Commonwealth Energy Connector Project involving 
construction and operation of facilities by Columbia Gas Transmission, 
LLC (Columbia) and Transcontinental Gas Pipe Line Company, LLC 
(Transco), respectively. Columbia's project would involve construction 
and operation of certain natural gas pipeline facilities in 
Greensville, Prince George, Sussex, Surry, Southampton, and Isle of 
Wight Counties, Virginia and in the cities of Suffolk and Chesapeake, 
Virginia. Transco's project would also involve construction and 
operation of natural gas pipeline facilities in Mecklenburg, Brunswick, 
and Greensville Counties, Virginia. The Commission will use this EIS in 
its decision-making process to determine whether the projects are 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 February 22, 2022, in Docket 
Nos. PF22-3-000 and PF22-4-000, the Commission opened a scoping period 
during Columbia's and Transco's planning processes for the projects and 
prior to filing formal applications with the Commission, a process 
referred to as ``pre-filing.'' By supplemental notice issued on March 
7, 2022, the Commission extended the scoping period due to inadvertent 
mailing issues. Columbia and Transco have now filed respective 
applications 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 November 25, 2022. Comments may be submitted 
in written form. 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 6, 2022; however, 
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held two virtual scoping sessions to take 
oral scoping comments on March 15 and 30, 2022. All substantive written 
and oral comments provided during pre-filing will be addressed in the 
EIS. Therefore, if you submitted comments on these projects to the 
Commission during the pre-filing process in Docket Nos. PF22-3-000 and 
PF22-4-000 you do not need to file those comments again. Likewise, if 
you submitted comments in response to the Notice of Applications issued 
by the Commission on September 8, 2022, 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.
    Columbia and Transco 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

[[Page 65760]]

    (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-
503-000 for Virginia Reliability Project or CP22-502-000 for 
Commonwealth Energy Connector Project) 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, Maryland 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. If using this service, you will need to subscribe 
for each docket separately to receive notifications for both projects.

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

Virginia Reliability Project

    Columbia proposes to replace and expand existing facilities 
associated with its VM-107 and VM-108 pipelines in southeast Virginia. 
The Virginia Reliability Project would increase the capability of 
Columbia's existing pipeline facilities to provide incremental firm 
transportation service of 100,000 dekatherms per day (Dth/d), while 
increasing the reliability of Columbia's system by replacing 1950s 
vintage pipelines. According to Columbia, its project would meet the 
increasing market demand of residential, commercial, and industrial 
consumers in southeast Virginia.
    The Virginia Reliability Project would consist of the following:
     replacement of 49.2 miles of existing, 1950s vintage 12-
inch-diameter VM-107 and VM-108 pipelines with 24-inch-diameter 
pipeline mostly within Columbia's existing right-of-way, in Sussex, 
Surry, Southampton, and Isle of Wight Counties, as well as the cities 
of Suffolk and Chesapeake;
     installation of one new 5,500-horsepower (HP) dual-drive 
compressor unit at the existing Emporia Compressor Station in 
Greensville County;
     a facility upgrade involving additional gas cooling and an 
increase of 2,700 HP at the existing Petersburg Compressor Station in 
Prince George County;
     modification of the Emporia Point of Receipt in 
Greensville County; Regulator Station 7423 in Prince George County; and 
the MS-831010 Point of Delivery in the City of Chesapeake; and
     eight mainline valve replacements, five new pig launcher/
receiver installations,\1\ and other minor appurtenant facilities.
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    \1\ 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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    The general location of the Virginia Reliability 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.'' 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 Columbia, 
construction of the proposed facilities would disturb about 802.6 acres 
of land. Following construction, Columbia would maintain about 307.2 
acres for operation of the project facilities; the remaining acreage 
would be restored and revert to former uses. About 92 percent of the 
replacement pipeline routes would parallel Columbia's existing right-
of-way and/or other existing pipeline, utility, railroad, or road 
rights-of-way.
    Based on an initial review of Columbia's proposal, public comments 
received during the pre-filing process, and public comments received on 
the Notice of Application, Commission staff have identified several 
expected impacts that deserve attention in the EIS. The Virginia 
Reliability Project would cross 131 waterbodies, 130.2 acres of 
wetland, several conservation sites, and about 0.5 mile of the Great 
Dismal Swamp National Wildlife Refuge. Three federally listed species 
(northern long-eared bat, red-cockaded woodpecker, and eastern black 
rail) may be affected by the project. Five state-listed species have 
potential to occur in the project area, and the potential for impacts 
on these species is being assessed. Environmental justice populations 
are present in the project area and may be affected by the project. The 
project would cross about 1.5 miles of the Sunray Agricultural Historic 
District, along Columbia's existing permanent right-of-way.

Commonwealth Energy Connector Project

    Transco proposes to expand its existing natural gas transmission 
system in southeast Virginia to provide 105,000 Dth/d of incremental 
firm transportation capacity from its Compressor Station 165 in 
Pittsylvania County to its existing Emporia Metering and Regulation 
Station in Greensville County on its existing South Virginia Lateral B-
Line Pipeline. According to Transco, the project would provide firm, 
year-round access to incremental natural gas supply, increase the 
overall reliability and diversification of energy supply for its 
customer, and add natural gas infrastructure to meet growing demand in 
the Mid-Atlantic area.
    The Commonwealth Energy Connector Project would consist of the 
following:
     construction of a 6.35-mile-long, 24-inch-diameter 
pipeline loop \3\ (referred to as the Commonwealth Loop), including 
valve and pig launcher/receiver facilities, in Brunswick and 
Greensville Counties;
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    \3\ A pipeline loop is a segment of pipe constructed parallel to 
an existing pipeline to increase capacity.
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     addition of a 33,000-HP electric motor-drive compressor 
unit at the existing Compressor Station 168 in Mecklenburg County; and
     modifications to the existing Emporia Metering and 
Regulation Station in Greensville County.
    The general location of the Commonwealth Energy Connector Project 
facilities is also shown in appendix 1.
    Based on the environmental information provided by Transco, 
construction of the proposed facilities would disturb about 161.3 acres 
of land. Following construction, Transco would maintain about 1.8 acres 
(in addition to the existing permanent right-of-way) for operation of 
the project facilities. The remaining acreage would be restored and 
revert to former uses. All of the proposed pipeline route parallels 
Transco's existing pipeline right-of-way.
    Based on an initial review of Transco's proposal, public comments 
received during the pre-filing process, and public comments received on 
the Notice of Application, Commission staff have identified several 
expected impacts that deserve attention in the EIS. Commission staff 
have identified several expected impacts that deserve attention in the 
EIS. The project would cross 14 waterbodies and 2.5 acres of wetlands. 
One federally listed species (northern long-eared bat) potentially 
occurs within the project area. Fifteen state-protected species 
potentially occur

[[Page 65761]]

in the project area; however, these species are not expected to be 
affected by the project. Environmental justice populations are present 
in the project area and may be affected by the project.

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 
projects under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     socioeconomics and environmental justice;
     land use;
     air quality and noise;
     climate change; 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 (USACE) and U.S. Fish and 
Wildlife Service (FWS) are cooperating agencies in the preparation of 
the EIS.\4\ 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. The draft and final 
EIS will be available in electronic format in the public record through 
eLibrary \5\ 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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    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40 Code of Federal 
Regulations (CFR), Section 1501.8. (2021)
    \5\ 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 actions.\6\ Alternatives currently under consideration 
include:
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    \6\ 40 CFR 1508.1(z)
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     the no-action alternative, meaning the projects are not 
implemented;
     Virginia Reliability Project pipeline segment routes that 
avoid wetlands, waterbodies, the Sunray Agricultural Historic District, 
or the Great Dismal Swamp National Wildlife Refuge; and
     options to reduce the length of the Commonwealth Energy 
Connector Project pipeline.
    With this notice, the Commission requests specific comments 
regarding any additional potential alternatives to the proposed actions 
or segments of the proposed actions. Please focus your comments on 
reasonable alternatives (including alternative facility sites and 
pipeline routes) that meet the project(s) 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 projects in the notice issued on February 22, 2022, with the 
applicable State Historic Preservation Office, and other government 
agencies, interested Indian tribes, and the public to solicit their 
views and concerns regarding the projects' potential effects on 
historic properties.\7\ This notice is a continuation of section 106 
consultation for the Project. The EIS will document findings on the 
impacts on historic properties and summarize the status of 
consultations under section 106.
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    \7\ 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 September 8, 2022, the Commission issued its Notice of 
Applications for the projects. 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 
requests for a federal authorization within 90 days of the date of 
issuance of the Commission staff's final EIS for the projects. This 
notice identifies the Commission staff's planned schedule for 
completion of the final EIS for the projects, which is based on an 
issuance of the draft EIS in April 2023.

Issuance of Notice of Availability of the Final EIS--September 15, 2023
90-day Federal Authorization Decision Deadline \8\--December 16, 2023
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    \8\ 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 EIS progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations 
for the projects 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 these projects. 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.

------------------------------------------------------------------------
                 Agency                               Permit
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                      Virginia Reliability Project
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FERC...................................  Certificate of Public
                                          Convenience and Necessity.
USACE Norfolk District.................  Clean Water Act Section 404
                                          Permit.
                                         Rivers and Harbors Act Section
                                          10 Permit.
                                         Section 408 Permit.

[[Page 65762]]

 
Virginia Department of Environmental     Issuance of a Water Quality
 Quality--Water Division.                 Certification under Section
                                          401 of the Clean Water Act =.
FWS Virginia Ecological Field Services   Consultation under Section 7 of
 Office.                                  the Endangered Species Act.
FWS Great Dismal Swamp National          Authorization to Construction
 Wildlife Refuge.                         and Operate the Project.
Virginia Department of Historic          Consultation under Section 106
 Resources.                               of the National Historic
                                          Preservation Act.
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                  Commonwealth Energy Connector Project
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FERC...................................  Certificate of Public
                                          Convenience and Necessity.
USACE Norfolk District.................  Clean Water Act Section 404
                                          Permit.
Virginia Department of Environmental     Issuance of a Water Quality
 Quality--Water Division.                 Certification under Section
                                          401 of the Clean Water Act =.
FWS Virginia Ecological Field Services   Consultation under Section 7 of
 Office.                                  the Endangered Species Act.
Virginia Department of Historic          Consultation under Section 106
 Resources.                               of the National Historic
                                          Preservation Act.
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Environmental Mailing List

    This notice is being sent to the Commission's current environmental 
mailing list for the projects 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 projects 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 projects. State and local government representatives 
should notify their constituents of these proposed projects 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 CP22-502-000 for 
Commonwealth Energy Connector Project or CP22-503-000 for Virginia 
Reliability Project 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 projects 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., 
CP22-502 or CP22-503). 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 25, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-23664 Filed 10-31-22; 8:45 am]
BILLING CODE 6717-01-P