Notice2023-20571
East Tennessee Natural Gas, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Ridgeline Expansion Project Request for Comments on Environmental Issues, and Schedule for Environmental Review
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
September 22, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 183 (Friday, September 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65383-65388]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20571]
[[Page 65383]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP23-516-000]
East Tennessee Natural Gas, LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Ridgeline Expansion
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 Ridgeline Expansion
Project (Project) involving construction and operation of facilities by
East Tennessee Natural Gas, LLC (East Tennessee) in Trousdale, Smith,
Jackson, Putnam, Overton, Fentress, Morgan, and Roane counties,
Tennessee. The Commission will use this 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 July 22, 2022 in Docket No.
PF22-7-000, the Commission opened a scoping period during East
Tennessee's planning process for the Project and prior to filing a
formal application with the Commission, a process referred to as ``pre-
filing.'' East Tennessee 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 18, 2023.
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 October 20, 2022; however,
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held three scoping sessions to take oral
scoping comments. Those sessions were held in Kingston, Hartsville, and
Cookeville, Tennessee on October 3, 4, and 5, 2022, respectively. 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.
PF22-7-000, 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.
East Tennessee 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, 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#adebc8dfcee2c3c1c4c3c8fed8ddddc2dfd9edcbc8dfce83cac2db"><span class="__cf_email__" data-cfemail="561033243519383a3f383305232626392422163033243578313920">[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 (CP23-
516-000) 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.
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.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#1a554a4a5a7c7f6879347d756c"><span class="__cf_email__" data-cfemail="f5baa5a5b593908796db929a83">[email protected]</span></a>.
[[Page 65384]]
Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts
East Tennessee proposes to construct, modify, install, own, and
operate 122 miles of 30- and 24-inch-diameter pipeline in Trousdale,
Smith, Jackson, Putnam, Overton, Fentress, Morgan, and Roane counties,
Tennessee to deliver natural gas to the site of Tennessee Valley
Authority's (TVA) Kingston Fossil Plant (Kingston Plant). TVA is
evaluating options to replace coal-fired generation with gas-fired
generation at the Kingston Plant; including the option of constructing
a single gas-fired combined cycle gas plant paired with 16 dual-fuel
aeroderivative combustion turbines at the same site.\1\ The Project
would serve that option and provide about 300,000 dekatherms per day of
new firm natural gas transportation capacity and up to 95,000
dekatherms of Customized Delivery Service (i.e., parking capability)
from multiple providers to TVA to meet fluctuating peaking power
demands.
---------------------------------------------------------------------------
\1\ In its Kingston Fossil Plant Retirement Draft Environmental
Impact Statement (88 FR 32215).
---------------------------------------------------------------------------
The Project would consist of the following facilities:
<bullet> 110 miles of 30-inch-diameter mainline pipeline and
approximately 4 miles of 30-inch-diameter header pipeline (collectively
referred to as the Mainline);
<bullet> 8 miles of 24-inch-diameter lateral pipeline (Lateral) to
connect to the Kingston Plant;
<bullet> a new compressor station (Hartsville Compressor Station)
consisting of two centrifugal compressor packages driven by electric
motor drives rated to 7,300 horsepower (HP) for a total of 14,600 HP;
<bullet> a new meter and regulating (M&R) station to receive gas
from Columbia Gulf Transmission, LLC (Columbia Gulf);
<bullet> modifications to two existing M&R stations to receive gas
from Texas Eastern Transmission, LP (Texas Eastern) and Midwestern Gas
Transmission Company (Midwestern Gas);
<bullet> a new delivery meter station to measure gas delivered to
the Kingston Plant; and
<bullet> related appurtenances.
The general location of the Project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------
\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. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="93d5d6c1d0dcfdfffafdf6c0e6e3e3fce1e7d3f5f6e1f0bdf4fce5">[email protected]</a> or call toll free, (886) 208-3676 or TTY
(202) 502-8659.
---------------------------------------------------------------------------
Based on the environmental information provided by East Tennessee,
construction of the proposed facilities would disturb about 2,514.5
acres of land for the pipelines and aboveground facilities. Following
construction, East Tennessee would maintain about 755.7 acres for
operation of the Project facilities; the remaining acreage would be
restored and revert to former uses. About 91 percent of the proposed
pipeline route parallels the existing East Tennessee's 3100 Line and an
additional 1.8 miles of the proposed pipeline would be collocated with
an existing power transmission right-of-way.
Based on an initial review of East Tennessee's 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 but are not limited to potential impacts on the Flynn
Creek Impact Crater, Fort Blount, the Obed Wild & Scenic River and
tributary crossings, socioeconomic and environmental justice concerns,
water quality, threatened and endangered species, cultural resources,
property values, safety concerns, and climate change.
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> socioeconomics and environmental justice;
<bullet> land use;
<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, U.S. Environmental Protection
Agency, U.S. Fish and Wildlife Service, and National Park Service are
cooperating agencies 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-">https://www.ferc.gov/industries-data/natural-gas/environment/environmental-</a>
documents). If eSubscribed, you will receive instant email notification
when the environmental document is issued.
---------------------------------------------------------------------------
\3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40 Code of Federal
Regulations (CFR), Section 1501.8 (2021).
\4\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\5\ 40 CFR 1508.1(z).
---------------------------------------------------------------------------
<bullet> the no-action alternative, meaning the Project is not
implemented;
<bullet> existing natural gas transportation system alternatives;
<bullet> pipeline alternatives; and
<bullet> aboveground facility alternatives.
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 is using this notice to initiate
section 106 consultation with the applicable State Historic
Preservation Office(s), 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\
The EIS will document findings on the impacts on historic
[[Page 65385]]
properties and summarize the status of consultations under section 106.
---------------------------------------------------------------------------
\6\ The Advisory Council on Historic Preservation's regulations
are at Title 36 CFR 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.
---------------------------------------------------------------------------
Schedule for Environmental Review
On July 28, 2023, 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 the final EIS
for the Project, which is based on an issuance of the draft EIS in
February 2024.
Issuance of Notice of Availability of the final EIS--September 20, 2024
90-day Federal Authorization Decision Deadline \7\--December 19, 2024
---------------------------------------------------------------------------
\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.
------------------------------------------------------------------------
Agency Permit
------------------------------------------------------------------------
Federal Energy Regulatory Certificate of Public Convenience
Commission. and Necessity under Section 7(c) of
the NGA.
U.S. Army Corps of Engineers, Authorization under Section 404 of
Nashville District. the Clean Water Act and Section 10
of the Rivers and Harbors Act;
Permission under Section 14 of the
Rivers and Harbors Act (Section
408).
Tennessee Valley Authority........ Section 26a of the Tennessee Valley
Authority Act Authorization.
U.S. Fish and Wildlife Service, Consultation under Section 7 of the
Tennessee Field Office. Endangered Species Act, Bald and
Golden Eagle Protection Act, and
Migratory Bird Treaty Act.
Tennessee Department of Section 401 Water Quality
Environment and Conservation, Certification (Joint Application
Water Division. with U.S. Army Corps of Engineers).
Tennessee Historical Commission... National Historic Preservation Act,
Section 106 Consultation.
------------------------------------------------------------------------
Environmental Mailing List
This notice is being sent to the Commission's current environmental
mailing list for the Project 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 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:
Send an email to <a href="/cdn-cgi/l/email-protection#2265435172504d4847415663464650475151614a434c454762444750410c454d54"><span class="__cf_email__" data-cfemail="adeaccdefddfc2c7c8ced9ecc9c9dfc8dedeeec5ccc3cac8edcbc8dfce83cac2db">[email protected]</span></a> stating your
request. You must include the docket number CP23-516-000 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
(1) 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.,
CP23-516). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#2f694a5d4c60414346414a7c5a5f5f405d5b6f494a5d4c01484059"><span class="__cf_email__" data-cfemail="5d1b382f3e1233313433380e282d2d322f291d3b382f3e733a322b">[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: September 18, 2023.
Kimberly D. Bose,
Secretary.
BILLING CODE 6717-01-P
[GRAPHIC] [TIFF OMITTED] TN22SE23.022
[[Page 65386]]
[GRAPHIC] [TIFF OMITTED] TN22SE23.023
[[Page 65387]]
[GRAPHIC] [TIFF OMITTED] TN22SE23.024
[GRAPHIC] [TIFF OMITTED] TN22SE23.025
[[Page 65388]]
[GRAPHIC] [TIFF OMITTED] TN22SE23.026
[FR Doc. 2023-20571 Filed 9-21-23; 8:45 am]
BILLING CODE 6717-01-C
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.