Notice2022-23171
East Tennessee Natural Gas, LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned System Alignment Program Project
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 25, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
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[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64473-64477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23171]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF22-8-000]
East Tennessee Natural Gas, LLC; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Planned System
Alignment Program Project
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the System Alignment Program Project
involving construction and operation of facilities by East Tennessee
Natural Gas, LLC (ETNG) in Knox, Jefferson, and Sevier Counties,
Tennessee; Rockingham County, North Carolina; and Washington and Wythe
Counties, Virginia. ETNG would also complete a hydrotest of an
approximately 1.2-mile segment of existing pipeline in Patrick County,
Virginia. The Commission will use this environmental document in its
decision-making process to determine whether the project is in the
public convenience and necessity.
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 Environmental Document section of this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. 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 18, 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.
Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written or oral comments during the preparation
of the environmental document.
If you submitted comments on this project to the Commission before
the opening of this docket on June 16, 2022, you will need to file
those comments in Docket No. PF22-8-000 to ensure they are considered.
This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
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 planned 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 subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to handle
eminent domain cases; the Commission has no jurisdiction over these
matters.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' 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 links to Natural Gas Questions or
Landowner Topics.
Public Participation
There are four methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. 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#c98facbbaa86a7a5a0a7ac9abcb9b9a6bbbd89afacbbaae7aea6bf"><span class="__cf_email__" data-cfemail="82c4e7f0e1cdeceeebece7d1f7f2f2edf0f6c2e4e7f0e1ace5edf4">[email protected]</span></a>.
(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
[[Page 64474]]
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 (PF22-8-
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, Maryland 20852; or
(4) In lieu of sending written comments, the Commission invites you
to attend one of the public scoping session(s) its staff will conduct.
A schedule of the scoping meeting dates, times, and locations (if
applicable) will be issued in a separate notice at least two weeks
prior to the date of the meeting(s).
It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally scoping session.
Additionally, the Commission offers a free service called
eSubscription, which makes it easy to stay informed of all issuances
and submittals regarding the dockets/projects to which you subscribe.
These instant email notifications are the fastest way to receive
notification and provide a link to the document files which can reduce
the amount of time you spend researching proceedings. 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 Planned Project
The project involves the installation of facilities to enhance the
physical, bi-directional flow capability on ETNG's Line 3300-1. ETNG
plans to construct approximately 16.2 miles of 24-inch-diameter
pipeline loop \1\ (Boyds Creek Loop) adjacent to its existing 16-inch-
diameter pipeline in Knox and Sevier Counties, Tennessee; a new 6,000-
horsepower compressor station (the Talbot Compressor Station) in
Jefferson County, Tennessee; a new 19,000-horsepower compressor station
in Rockingham County, North Carolina (the Draper Compressor Station);
and ancillary facilities in Knox County and Sevier Counties, Tennessee
and Washington and Wythe Counties, Virginia. ETNG would also replace
approximately 6.5 miles of 8-inch-diameter pipeline with new 24-inch-
diameter pipeline within its existing right-of-way in Washington
County, Virginia and complete a hydrotest of an approximately 1.2 mile-
segment of existing pipeline in Patrick County, Virginia.
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\1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline.
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ETNG states that the purpose of the planned project is to improve
the operational reliability of its system by minimizing the amount of
displacement in the system design to meet customers' shifting needs.
Specifically, ETNG states that with the existing system design,
delivery of nominated quantities of natural gas from west-to-east and
east-to-west relies upon customers' nominations of sufficient
quantities in the opposite direction. However, changes in customer
nominations have increasingly challenged ETNG's operational ability to
meet all of its firm service obligations. Planned facilities would
provide existing service to existing customers; ETNG would not sell
additional capacity as part of the project.
The general location of the project facilities is shown in appendix
A.\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''. 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a8eeedfaebe7c6c4c1c6cdfbddd8d8c7dadce8cecddacb86cfc7de">[email protected]</a> or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Land Requirements for Construction
Construction of the planned facilities would disturb about 361.6
acres of land for the aboveground facilities and pipelines. Following
construction, ETNG would maintain about 35 acres for permanent
operation of the project's aboveground facilities; the remaining
acreage would be restored. The planned Boyds Creek Loop is located
within or adjacent to ETNG's existing Line 3300-1 right-of-way for 14.3
miles (approximately 88 percent of its total length).
NEPA Process and the Environmental Document
Any environmental document issued by Commission staff will discuss
impacts that could occur as a result of the construction and operation
of the planned 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> socioeconomics and environmental justice;
<bullet> air quality and noise;
<bullet> reliability and safety; and
<bullet> cumulative impacts.
Commission staff will also evaluate reasonable alternatives to the
planned project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the environmental document.
If a formal application is filed, Commission staff will then
determine whether to prepare an Environmental Assessment (EA) or an
Environmental Impact Statement (EIS). The EA or the EIS will present
Commission staff's independent analysis of the environmental issues. If
Commission staff prepares an EA, a Notice of Schedule for the
Preparation of an Environmental Assessment will be issued. The EA may
be issued for an allotted public comment period. The Commission would
consider timely comments on the EA before making its determination on
the proposed project. If Commission staff prepares an EIS, a Notice of
Intent to Prepare an EIS/Notice of Schedule will be issued once an
application is filed, which will open an additional public comment
period. Staff will then prepare a draft EIS that 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 EA or draft and
final EIS will be available in electronic format in the public record
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through eLibrary \3\ 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\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate in
the preparation of the environmental document.\4\ 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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\4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.8.
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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 to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\5\ The environmental document for this
project will document our findings on the impacts on historic
properties and summarize the status of consultations under section 106.
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\5\ The Advisory Council on Historic Preservation 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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Environmental Mailing List
The environmental mailing list 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 planned project.
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#7433150724061b1e11170035101006110707371c151a131134121106175a131b02"><span class="__cf_email__" data-cfemail="85c2e4f6d5f7eaefe0e6f1c4e1e1f7e0f6f6c6ede4ebe2e0c5e3e0f7e6abe2eaf3">[email protected]</span></a> stating your
request. You must include the docket number PF22-8-000 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).
Becoming an Intervenor
Once ETNG files its application with the Commission, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at <a href="https://www.ferc.gov/resources/guides/how-to.asp">https://www.ferc.gov/resources/guides/how-to.asp</a>. Please
note that the Commission will not accept requests for intervenor status
at this time. You must wait until the Commission receives a formal
application for the project, after which the Commission will issue a
public notice that establishes an intervention deadline.
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 (<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. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at <a href="/cdn-cgi/l/email-protection#45032037260a2b292c2b20163035352a373105232037266b222a33"><span class="__cf_email__" data-cfemail="abedced9c8e4c5c7c2c5cef8dedbdbc4d9dfebcdced9c885ccc4dd">[email protected]</span></a> or toll free at (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 <a href="https://www.ferc.gov/news-events/events">https://www.ferc.gov/news-events/events</a> along with
other related information.
Dated: October 19, 2022.
Kimberly D. Bose,
Secretary.
Appendix 1
BILLING CODE 6717-01-P
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[FR Doc. 2022-23171 Filed 10-24-22; 8:45 am]
BILLING CODE 6717-01-C
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