Notice2022-23664
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
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Published
November 1, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
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<title>Federal Register, Volume 87 Issue 210 (Tuesday, November 1, 2022)</title>
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[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65759-65762]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
(<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#3d7b584f5e7253515453586e484d4d524f497d5b584f5e135a524b"><span class="__cf_email__" data-cfemail="bef8dbccddf1d0d2d7d0dbedcbceced1cccafed8dbccdd90d9d1c8">[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
[[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 <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> 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:
<bullet> 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;
<bullet> installation of one new 5,500-horsepower (HP) dual-drive
compressor unit at the existing Emporia Compressor Station in
Greensville County;
<bullet> a facility upgrade involving additional gas cooling and an
increase of 2,700 HP at the existing Petersburg Compressor Station in
Prince George County;
<bullet> 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
<bullet> 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
<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="24626176676b4a484d4a41775154544b565064424156470a434b52">[email protected]</a> 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:
<bullet> 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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<bullet> addition of a 33,000-HP electric motor-drive compressor
unit at the existing Compressor Station 168 in Mecklenburg County; and
<bullet> 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:
<bullet> geology and soils;
<bullet> water resources and wetlands;
<bullet> vegetation and wildlife;
<bullet> threatened and endangered species;
<bullet> cultural resources;
<bullet> socioeconomics and environmental justice;
<bullet> land use;
<bullet> air quality and noise;
<bullet> climate change; 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 (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 (<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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\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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<bullet> the no-action alternative, meaning the projects are not
implemented;
<bullet> Virginia Reliability Project pipeline segment routes that
avoid wetlands, waterbodies, the Sunray Agricultural Historic District,
or the Great Dismal Swamp National Wildlife Refuge; and
<bullet> 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.
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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 <a href="/cdn-cgi/l/email-protection#f2b59381a2809d98979186b3969680978181b19a939c9597b294978091dc959d84"><span class="__cf_email__" data-cfemail="571036240725383d32342316333325322424143f36393032173132253479303821">[email protected]</span></a> 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 <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.,
CP22-502 or CP22-503). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#31775443527e5f5d585f54624441415e434571575443521f565e47"><span class="__cf_email__" data-cfemail="7d3b180f1e3213111413182e080d0d120f093d1b180f1e531a120b">[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.
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 25, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-23664 Filed 10-31-22; 8:45 am]
BILLING CODE 6717-01-P
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