Notice2024-01906

East Tennessee Natural Gas, LLC; Supplemental Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Ridgeline Expansion Project Amendment, Request for Comments on Environmental Issues, and Notice of Revised 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
January 31, 2024

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 21 (Wednesday, January 31, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6108-6111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01906]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP23-516-000; CP23-516-001]


East Tennessee Natural Gas, LLC; Supplemental Notice of Intent To 
Prepare an Environmental Impact Statement for the Proposed Ridgeline 
Expansion Project Amendment, Request for Comments on Environmental 
Issues, and Notice of Revised Schedule for Environmental Review

    On September 18, 2023, the Federal Energy Regulatory Commission 
(FERC

[[Page 6109]]

or Commission) issued in Docket No. CP23-516-000 a 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 (NOI).\1\ On December 18, 2023 East 
Tennessee Natural Gas, LLC (East Tennessee) incorporated minor 
adjustments to the proposed Ridgeline Expansion Project (Project) 
pipeline centerline and workspaces and relocated the Kingston Delivery 
Meter Station to the pipeline terminus. On December 19, 2023, East 
Tennessee amended its proposed Project to increase the pipeline 
diameter from 24 to 30 inches along 8 miles in Morgan and Roane 
Counties (formerly referred to as the ``Lateral''). This Supplemental 
Notice is being issued to seek comments on the Project modifications, 
filed on both December 18 and 19, 2023, and opens a new scoping period 
for interested parties to file comments on environmental issues.
---------------------------------------------------------------------------

    \1\ The NOI can be found at accession number 20230918-3011 at 
<a href="http://elibrary.ferc.gov">elibrary.ferc.gov</a>.
---------------------------------------------------------------------------

    The September 18, 2023 NOI announced that the FERC staff will 
prepare an environmental impact statement (EIS) to address the 
environmental impacts of the Project. Please refer to the NOI for more 
information about the facilities proposed by 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, as modified, is in the 
public convenience and necessity.
    You can make a difference by providing us with your specific 
comments or concerns about the Project modifications. Your comments 
should focus on the potential environmental effects, reasonable 
alternatives, and measures to avoid or lessen environmental impacts. To 
ensure that your comments are timely and properly recorded, please send 
your comments so that the Commission receives them in Washington, DC on 
or before February 26, 2024.
    The Commission previously solicited public input on the Project in 
the fall of 2023. We \2\ are specifically seeking comments on the 
pipeline centerline and workspace adjustments to help the Commission 
staff determine what issues need to be evaluated in the EIS. If you 
have previously submitted comments during the pre-filing review in 
docket no. PF22-7-000 or in response to the NOI, you do not need to 
resubmit your comments.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    This Supplemental Notice is being sent to the Commission's current 
environmental mailing list for the Project. State and local government 
representatives are asked to notify their constituents of this proposed 
Project modifications 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 proposed facilities. The company 
would seek to negotiate a mutually acceptable agreement. However, if 
the Commission approves the Project, that approval conveys with it the 
right of eminent domain. Therefore, if the easement negotiations fail 
to produce an agreement, the pipeline company could initiate 
condemnation proceedings where compensation would be determined in 
accordance with state law.
    A fact sheet prepared by FERC entitled ``An Interstate Natural Gas 
Facility On My Land? What Do I Need To Know?'' is available for viewing 
on the FERC website (<a href="http://www.ferc.gov">www.ferc.gov</a>). This fact sheet addresses a number 
of typically asked questions, including the use of eminent domain and 
how to participate in the Commission's proceedings.

Public Participation

    There are three 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#4f092a3d2c00212326212a1c3a3f3f203d3b0f292a3d2c61282039"><span class="__cf_email__" data-cfemail="d492b1a6b79bbab8bdbab187a1a4a4bba6a094b2b1a6b7fab3bba2">[email&#160;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 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-
516-001) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Debbie-Anne Reese, Acting Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, 
DC 20426. Submissions sent via any other carrier must be addressed to: 
Debbie-Anne Reese, Acting Secretary, Federal Energy Regulatory 
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    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.
    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#511e010111373423327f363e27"><span class="__cf_email__" data-cfemail="ca859a9a8aacafb8a9e4ada5bc">[email&#160;protected]</span></a>.

Summary of Project Modifications

    Modifications East Tennessee filed on December 18, 2023 consist of 
the following changes:
    <bullet> minor (300 feet or less) adjustments to the Mainline 
centerline and workspace areas to address landowner concerns, 
constructability constraints, and/or to avoid sensitive resources;
    <bullet> modifications to the Kingston Delivery Meter Station and 
Crossover as follows:
    [ssquf] relocation of the Kingston Delivery Meter Station to the 
pipeline terminus and installation of a new mainline valve (Valve #10) 
at milepost (MP) 122.2R at the shippers request; and
    [ssquf] change the name of the crossover, which will remain at MP 
114.1, to the ``Harriman Crossover'';

[[Page 6110]]

    <bullet> modification to the horizontal directional drill path for 
the Emory River crossing;
    <bullet> crossing Little Goose Creek and Goose Creek via one 
horizontal directional drill crossing; and
    <bullet> a reduction in the number of construction spreads from 
three to two.
    These modifications will affect 12 new landowners.
    The Project Amendment, filed on December 19, 2023, would increase 
the pipeline diameter from 24 to 30 inches along about 8 miles of 
pipeline, formerly referred to as the ``Lateral'' in Morgan and Roane 
Counties, increasing the Mainline length to about 122.2 miles and 
eliminating references to this portion of pipeline as the ``Lateral.'' 
These modifications would not affect any new landowners.
    An overview of the proposed Project is shown in appendix 1.\3\ A 
figure that shows the revisions to the Project centerline and workspace 
compared to what was originally proposed is provided as attachment 1-1a 
of East Tennessee's December 18, 2023 supplemental filing.\4\
---------------------------------------------------------------------------

    \3\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of 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.
    \4\ East Tennessee's December 18, 2023 supplemental filing can 
be found at accession number 20231218-5284 at <a href="http://elibrary.ferc.gov">elibrary.ferc.gov</a>.
---------------------------------------------------------------------------

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.
    We will also evaluate possible alternatives to the proposed Project 
or portions of the Project and make recommendations on how to lessen or 
avoid impacts on the various resource areas.
    As part of our pre-filing review of the Project, we participated in 
public Open House meetings sponsored by East Tennessee in the project 
area in June 2022 to explain the environmental review process to 
interested stakeholders. We also conducted public scoping meetings 
along the proposed pipeline route in October 2022. We have also 
contacted federal and state agencies to discuss their involvement in 
the scoping process and the preparation of the EIS.
    The EIS will present the FERC 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.\5\ FERC 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 \6\ and the 
Commission's natural gas environmental documents web page (<a href="https://www.ferc.gov/industries-data/natural-gas/environmental-overview/environmental-documents">https://www.ferc.gov/industries-data/natural-gas/environmental-overview/environmental-documents</a>). If eSubscribed, you will receive instant 
email notification when the environmental document is issued.
---------------------------------------------------------------------------

    \5\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at title 40 Code of Federal 
Regulations (CFR), section 1501.8 (2021).
    \6\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
---------------------------------------------------------------------------

Consultations 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, we initiated consultation with the applicable State 
Historic Preservation Offices with the issuance of the September 2023 
NOI 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.\7\ The EIS will document findings on 
the impacts on historic properties and summarize the status of 
consultations under section 106.
---------------------------------------------------------------------------

    \7\ The Advisory Council on Historic Preservation's regulations 
are at title 36, Code of Federal Regulations, part 800. Historic 
properties are defined in those regulations as any prehistoric or 
historic district, site, building, structure, or object included in 
or eligible for inclusion in the National Register of Historic 
Places.
---------------------------------------------------------------------------

Revised Schedule for Environmental Review

    This notice identifies the Federal Energy Regulatory Commission 
staff's revised schedule for the completion of the EIS for East 
Tennessee's Ridgeline Expansion Project. The first notice of schedule, 
issued on September 18, 2023, identified September 20, 2024 as the 
final EIS issuance date. As discussed above, East Tennessee has 
proposed an amendment and multiple project changes that precluded FERC 
staff from completing the environmental review by the draft EIS 
issuance date. As a result, staff has revised the schedule for issuance 
of the final EIS, based on an issuance of the draft EIS in May 2024.

Issuance of the Notice of Availability of the final EIS December 20, 
2024
90-day Federal Authorization Decision Deadline \8\ March 20, 2025
---------------------------------------------------------------------------

    \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, an additional notice will 
be provided so that the relevant agencies are kept informed of the 
project's progress.

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; affected landowners; and local libraries and 
newspapers. This list also includes landowners affected by the Project 
changes 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. We will update the environmental 
mailing list as the analysis proceeds to ensure that we send the 
information related to this environmental review to all individuals, 
organizations, and government entities interested in and/or potentially 
affected by the proposed 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#4403253714362b2e21273005202036213737072c252a232104222136276a232b32"><span class="__cf_email__" data-cfemail="c285a3b192b0ada8a7a1b683a6a6b0a7b1b181aaa3aca5a782a4a7b0a1eca5adb4">[email&#160;protected]</span></a> stating your 
request. You must include the docket number CP23-516-001 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.


[[Page 6111]]


OR

    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    In order to receive notification of the issuance of the EIS and to 
keep track of all formal issuances and submittals in specific dockets, 
the Commission offers a free service called eSubscription. This can 
reduce the amount of time you spend researching proceedings by 
automatically providing you with notification of these filings, 
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.
    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#c680a3b4a589a8aaafa8a395b3b6b6a9b4b286a0a3b4a5e8a1a9b0"><span class="__cf_email__" data-cfemail="f3b5968190bc9d9f9a9d96a08683839c8187b395968190dd949c85">[email&#160;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: January 25, 2024.
Debbie-Anne Reese,
Acting Secretary.
[FR Doc. 2024-01906 Filed 1-30-24; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on January 31, 2024.

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.