Notice2022-19720
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
Primary source
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Published
September 13, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 176 (Tuesday, September 13, 2022)</title>
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[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56048-56051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
[[Page 56049]]
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 (<a href="http://www.ferc.gov">www.ferc.gov</a>)
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
<a href="/cdn-cgi/l/email-protection#9cdaf9eeffd3f2f0f5f2f9cfe9ececf3eee8dcfaf9eeffb2fbf3ea"><span class="__cf_email__" data-cfemail="f6b0938495b9989a9f9893a5838686998482b690938495d8919980">[email protected]</span></a>. 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 (<a href="http://www.ferc.gov">www.ferc.gov</a>)
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 (<a href="http://www.ferc.gov">www.ferc.gov</a>)
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 <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> 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:
<bullet> Approximately 32 miles of new 30-inch-diameter natural gas
lateral pipeline, as described above.
<bullet> 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.
<bullet> New Cumberland Meter Station at the terminus of the
planned Cumberland Pipeline within TVA's
[[Page 56050]]
newly proposed power plant in Steward County, Tennessee.
<bullet> New in-line inspection traps at each end of the planned
Cumberland Pipeline.
<bullet> 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
<a href="http://www.ferc.gov">www.ferc.gov</a> 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:
<bullet> geology and soils;
<bullet> water resources and wetlands;
<bullet> vegetation and wildlife;
<bullet> threatened and endangered species;
<bullet> cultural resources;
<bullet> land use;
<bullet> environmental justice;
<bullet> greenhouse gas and climate;
<bullet> air quality and noise; and
<bullet> 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 (<a href="https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents">https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents</a>). 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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<bullet> the no-action alternative, meaning the Project is not
implemented; and
<bullet> 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 <a href="/cdn-cgi/l/email-protection#a6e1c7d5f6d4c9ccc3c5d2e7c2c2d4c3d5d5e5cec7c8c1c3e6c0c3d4c588c1c9d0"><span class="__cf_email__" data-cfemail="6e290f1d3e1c01040b0d1a2f0a0a1c0b1d1d2d060f00090b2e080b1c0d40090118">[email protected]</span></a> 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 <a href="http://www.ferc.gov">www.ferc.gov</a> 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
<a href="/cdn-cgi/l/email-protection#89cfecfbeac6e7e5e0e7ecdafcf9f9e6fbfdc9efecfbeaa7eee6ff"><span class="__cf_email__" data-cfemail="a3e5c6d1c0eccdcfcacdc6f0d6d3d3ccd1d7e3c5c6d1c08dc4ccd5">[email protected]</span></a> 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 <a href="https://www.ferc.gov/news-events/events">https://www.ferc.gov/news-events/events</a> 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
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