[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Notices]
[Page 3082-3086]
[DOCID:fr19ja06-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Intent to Prepare a Supplemental Environmental Impact
Statement for the Proposed Millennium Phase I Project, Columbia Line A-
5 Replacement Project, Empire Connector Project, Algonquin Ramapo
Expansion Project, and Iroquois Marketaccess Project and Request for
Comments on Environmental Issues

January 10, 2006.
    In the matter of: Millennium Pipeline Company L.P., Columbia Gas
Transmission Corporation, Empire Pipeline, Inc., Algonquin Gas
Transmission LLC, Iroquois Gas Transmission System, L.P., Docket
Nos. CP98-150-006 and -007, CP05-19-000, CP06-5-000, PF06-5-000,
PF06-6-000.

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare a supplemental environmental impact statement
(SEIS) that discusses the environmental impacts of Millennium Pipeline
L.P.'s (Millennium) proposed Millennium Phase I Project (Phase I
Project) which involves design and route changes to the pipeline
facilities previously approved as part of the Millennium Pipeline
Project \1\ and the related projects proposed by other pipeline
companies. These related projects are: Columbia Gas Transmission
Corporation's (Columbia) Line A-5 Replacement Project, Empire Pipeline,
Inc.'s (Empire) Empire Connector Project, Algonquin Gas Transmission's
(Algonquin) Ramapo Expansion Project, and Iroquois Gas Transmission
System, L.P.'s MarketAccess Project. Together, these projects are
referred to as the Northeast (NE)-07 Project.
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    \1\ On September 19, 2002, the Commission issued an order
approving construction of the Millennium Pipeline Project in Docket
Nos. CP98-150 et al. On July 12, 2005, Millennium was granted
approval of its request for an extension of time to file its
implementation plan for the project and to complete construction
since its amendment application was expected soon.
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    The SEIS will incorporate by reference the analyses completed in
the Final EIS for the Millennium Pipeline Project and the environmental
assessment (EA) issued for the Brookfield Project. It will address the
impacts of the facility modifications including route changes proposed
by Millennium for the Phase I Project and Columbia for the Line A-5
Replacement Project and the new facilities proposed by Empire,
Algonquin, and Iroquois.
    This notice announces the opening of the scoping period that will
be used to gather environmental information from the public and
interested agencies on the NE-07 Project. Please note that the scoping
period will close on February 10, 2006. Details on how to submit
comments are provided in the Public Participation section of this
notice.
    This notice is being sent to potentially affected landowners along
the NE-07 Project route and within a half mile of the new and modified
compressor stations; Federal, state, and local government agencies;
elected officials; environmental and public interest groups; Native
American tribes; and local libraries and newspapers.
    With this notice, we \2\ are asking Federal, state, and local
agencies with jurisdiction and/or special expertise with respect to
environmental issues to cooperate with us in the preparation of the
SEIS. These agencies may choose to participate once they have evaluated
the proposal relative to their responsibilities. Agencies which would
like to request cooperating status should follow the instructions for
filing comments described later in this notice. We encourage government
representatives to notify their constituents of this planned project
and

encourage them to comment on their areas of concern.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Office of Energy Projects.
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    Some affected landowners may be contacted by a project
representative about the acquisition of an easement to construct,
operate, and maintain the proposed pipeline. If so, the company should
seek to negotiate a mutually acceptable agreement. In the event that
the NE-07 Project is certificated by the Commission, that approval
conveys the right of eminent domain for securing easements for the
pipeline. Therefore, if easement negotiations fail to produce an
agreement, the company could initiate condemnation proceedings in
accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is available for
viewing on the FERC Internet Web site (http://www.ferc.gov).

Background

    In the Commission's September 19, 2002 Order, Millennium was
authorized to construct and operate approximately 424 miles of pipeline
(MPS 0 to 424) and related facilities, and to acquire certain pipeline
facilities from Columbia in New York and Pennsylvania. These facilities
(or the Authorized Pipeline) would be used to transport natural gas on
an open-access basis from and interconnection with the pipeline
facilities owned by TransCanada PipeLines Ltd at the United States-
Canada border in Lake Erie to Mount Vernon, New York.
    Millennium has indicated that based on market demand at this time
it is now proposing its Phase I Project by which it would transport gas
received from Empire via the proposed Empire Expansion Project at an
interconnection in Corning, New York, and from other pipelines. It
would transport gas for and deliver gas to existing Columbia and new
Millennium transportation customers between this point and the Phase I
Project terminus at the Ramapo M&R Station where it would interconnect
with Algonquin's facilities. Algonquin would need to construct the
proposed facilities to accommodate transportation downstream of the
Ramapo M&R Station. Similarly, Iroquois would need to construct its
proposed facilities to provide transportation downstream from an
interconnection with Algonquin's facilities in Brookfield, Connecticut.
Maps illustrating the proposed construction are in appendix 1.\3\
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    \3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Internet Web site (http://www.ferc.gov) at the

``eLibrary'' link or from the Commission's Public Reference and
Files Maintenance Branch at 1-202-502-8371. For instructions on
connecting to eLibrary refer to the Additional Information section
of this notice.
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Proposed NE-07 Project Facilities

    Millennium's amendment applications would involve construction of
Phase I facilities consisting of about 181.7 miles of 30-inch-diameter
pipeline between milepost (MP) 190.6 to 376.6 in Steuben, Chemung,
Tioga, Broome, Delaware, Sullivan, Orange, and Rockland Counties, New
York. This is in lieu of the originally approved project involving the
construction of 373.4 miles of 36-inch-diameter pipeline from the
United States-Canada border in Lake Erie to the Ramapo Metering and
Regulating (M&R) Station in Rockland County, New York; and about 50.6
miles of 24-inch-diameter pipeline from the Ramapo M&R Station to the
pipeline terminus in Mount Vernon, New York. Millennium would also
construct about 15,002 horsepower (hp) of compressor facilities next to
Columbia's existing Corning Compressor Station (CS) within Columbia's
property in Steuben County, New York. The Phase I Project would have a
maximum allowable operating pressure (MAOP) of 1,200 pounds per square
inch gauge (psig) rather than 1,440 psig of the original project. It
would allow for the transportation and delivery of about 525,400
decatherms per day (Dth/d) of gas as opposed to the 714,000 Dth/d for
the original project. The Phase I Project would include several route
variations which Millennium proposes to use as the final route (these
are identified below).
    Columbia's Line A-5 Replacement Project \4\ would consist of about
8.8 miles of 30-inch-diameter pipeline replacing 8- and 16-inch-
diameter pipeline, modifications to three existing M&R stations, and
related facilities all in Orange and Rockland Counties, New York. The
pipeline replacement would occur between Columbia's Tuxedo/Central
Hudson and Ramapo M&R Stations. These two M&R stations would be
modified, as would a third, the Sloatsburg M&R Station, to accommodate
the larger diameter pipeline. The Ramapo M&R Station would also be
modified to allow bi-directional flow.
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    \4\ A Notice of Intent (NOI) to Prepare an Environmental
Assessment and Request for comments on Environmental Issues for the
Line A-5 Replacement Project was issued on December 6, 2004. On
April 7, 2005, Columbia was informed that this project would be
considered with the amendment to the Millennium Pipeline Project and
Empire's project that were to be filed soon.
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    Empire's Empire Connector Project \5\ would consist of about 80
miles of 24-inch-diameter pipeline extending from its existing pipeline
in Victor, New York, to an interconnection with the Millennium Pipeline
near Corning, New York; and about 22,000 hp of compression at a new
compressor station on Empire's exiting pipeline in Oakfield, New York.
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    \5\ An NOI for the Empire Connector Project was issued on
October 4, 2004.
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    Algonquin's Ramapo Expansion Project would consist of:
     Construction of about 4.8 miles of 42-inch-diameter
pipeline replacing a segment of an existing 26-inch-diameter pipeline;
     Relocation of two mainline valves along the replaced
pipeline;
     Modification of the crossover piping on-shore and west of
Algonquin's Hudson River crossing in Rockland County, New York;
     Modification of facilities at the existing M&R 202, in
Rockland County, New York;
     Installation of compressor modifications and upgrades to
add about 8,400 hp of compression at the existing Stony Point CS in
Rockland County, New York;
     Adding about 7,700 hp of compression and related
facilities and buildings at the Hanover CS in Morris County, New
Jersey;
     Adding about 18,010 hp of compression and related
facilities and buildings at the existing Southeast CS in Putnam County,
New York;
     Constructing a new M&R station in Brookfield, Fairfield
County, Connecticut, at the existing Iroquois meter site (M&R
251); and
     Constructing the new Oxford CS which would have about
37,700 hp of compression and related facilities in the Town of Oxford,
New Haven County, Connecticut.
    Algonquin's 42-inch-diameter pipeline would have a MAOP of 850
psig.
    Iroquois' MarketAccess Project would consist of construction of the
Brookfield CS in Brookfield, Fairfield County, Connecticut, which was
approved by the Commission in Docket No. CP02-31-000.\6\ This facility
would be at MP

308.83 on Iroquois' mainline system. That project involved the
construction of a 10,000 hp compressor station. Iroquois would be
amending that certificate to allow for the modification of some of the
compressor facilities and would also propose the addition of gas
cooling facilities at its existing Dover CS in Duchess County, New
York, at MP 283.11 of Iroquois mainline system.
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    \6\ On October 21, 2002, the Commission approved the
construction of the Brookfield Project which included the
construction of the Brookfield CS. On November 3, 2005, Iroquois
received a letter approving its request for an extension of time to
construct the facilities authorized in this docket to coincide with
the analysis of the applications of Millennium et al.
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    The Ramapo Expansion Project and the MarketAccess Project are
currently in the preliminary stages of design and at this time a formal
application has not been filed with the Commission. For these projects,
the Commission is initiating the National Environmental Policy Act
(NEPA) review prior to receiving the formal application. This allows
interested stakeholders to become involved early in the project
planning and to identify and resolve issues before a formal application
is filed with the FERC. Docket numbers (PF06-5-000 and PF06-6-000) have
been established to place information filed by Algonquin and Iroquois
and related documents issued or received by the Commission, into the
public record.\7\ Once formal applications are filed with the FERC, new
docket numbers will be established.
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    \7\ To view information in the dockets, follow the instructions
for using the eLibrary link at the end of this notice.
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Non-Jurisdictional Facilities

    Millennium states that Orange and Rockland Utilities (O&R) would
modify its distribution system near Line A-5 to insure that it has
maximum flexibility to continue to receive gas from Line A-5 during the
construction period. None of these modifications would connect directly
the Millennium's facilities. O&R's modifications would be constructed
under the jurisdiction of the New York State Public Service Commission
(NYSPSC).

Land Requirements for Construction

    Construction of the NE-07 Project would require both pipeline and
aboveground construction. Land requirements for each applicant's
project are provided separately.

Phase I Project

    Typically, Millennium would use a nominal 75-foot-wide construction
right-of-way and would require a 50-foot-wide permanent right-of-way
centered over the pipeline. The construction right-of-way width would
increase to 100 feet in agricultural areas and areas of rugged terrain;
additional temporary workspaces may also be required on a site-specific
basis. Between MPs 285.6 and 376.4, Millennium would install the new
pipeline within the existing pipeline trench by the lift and lay method
of construction (except in those areas where variations away from the
existing right-of-way are proposed). Pipeline in other areas would be
installed within either new right-of-way or adjacent to or overlapping
existing pipeline or powerline rights-of-way.
    Pursuant to environmental condition 45 of the September 19, 2002
Order, Millennium was required to work with New York State Electric and
Gas (NYSEG) on the pipeline route along and within the existing NYSEG
powerline right-of-way between MPs 232.2 and 243.5. This consultation
has resulted in Millennium proposing pipeline realignments at three
locations some of which are outside the required area of condition 45.
These variations are: the NYSEG Chemung Variation between MPs 198.0 and
203.6, the NYSEG Tioga-Broome Variation between MPs 232.2 and 245.0,
and the NYSEG Delaware Variation between MPS 284.4 and 284.9. The three
variations are referred to collectively as the NYSEG Route Variation.
It is proposed to maintain NYSEG's buffer distance (typically about 55
feet minimum) from the electric facilities. The variation moves the
pipeline from the center of the powerline right-of-way and between the
power poles to either the north or south side of the right-of-way as
determined by terrain, environmental features, or landowner needs. The
NYSEG Route Variation would require about 221.7 acres for construction
and about 120.9 acres for operation.
    Millennium now proposes to use a 7.1-mile-long segment of the
existing Line A-5 Pipeline between MPs 340.5 and 347.7 rather than
constructing across the Neversink River (MP 341.0). The Neversink River
has federally endangered dwarf wedge mussel populations. This segment
of the Line A-5 Pipeline is 24 inches in diameter except for a 1,278-
foot-long segment at and near the Interstate 84 crossing where it is 10
inches in diameter. Other than the change in pipeline diameter, no
other construction would be required within this 7.1-mile-long segment.
Construction of this segment of 24-inch-diameter pipeline would require
about 2.2 acres for construction assuming a nominal 75-foot-wide right-
of-way and about 1.5 acres for operation. This change would reduce
total project construction land requirements by about 65.2 acres
compared to the original Millennium Pipeline Project.
    The Warwick Isle Route Variation would be in the Town of Warwick
between MPs 350.8 and 351.6. It is proposed due to a new housing
development that was constructed since Millennium's certificate was
issued. Warwick Isle Route Variation would avoid the development. It
would require about 11.6 acres for construction and about 7.3 acres for
operation.
    The proposed compressor station would be constructed within the
existing 60-acre Columbia Corning CS property. About 6.5 acres would be
required permanently for the aboveground facility. An additional 6.0
acres would be required as temporary workspace for construction.
    The estimated total construction right-of-way requirement for the
Phase I Project is 2,169.9 acres. This total includes 242 acres for
construction of the described new compressor station and the route
variations. About 1,079.6 acres would be used as temporary workspace
including about 138.9 acres for storage yards. The permanent right-of-
way would require about 1,132.3 acres which includes about 135.7 acres
of permanent requirement for the compressor station and the permanent
right-of-way along the proposed route variations.

Line A-5 Replacement Project

    Columbia's Line A-5 Replacement Project would require about 139.8
acres for construction based on a nominal 75-foot-wide construction
right-of-way and including all temporary workspaces and staging areas.
About 54.3 acres would be required for the 50-foot-wide permanent
right-of-way. Most of the pipeline would be installed by the lift and
lay method except in locations where the pipeline route would deviate
from the Line A-5 right-of-way. Proposed facilities at the M&R stations
would be installed within the existing facilities, but about 1.1 acres
may be affected during construction at each location.

Empire Connector Project

    Typically, pipeline construction would occur within a nominal 75-
foot-wide right-of-way. The width of the construction right-of-way
would increase to 100 feet in agricultural areas where segregated
topsoil would be stored and in areas with rugged terrain which would
require additional right-of-way width for tiered construction or for
extra workspace for spoil storage or safety. Additional temporary
workspaces may be required on a site-specific basis.
    Pipeline construction would require about 841.5 acres of which
about 473.3 acres would be included in the

permanent right-of-way after construction. About 17.8 acres would be
required for construction and operation of the proposed compressor
station.

Ramapo Expansion Project

    Algonquin's Ramapo Expansion Project would require a total of about
60.5 acres for pipeline construction. About 44.8 acres would be within
Algonquin's existing permanent right-of-way. No new permanent right-of-
way would be required for construction of the pipeline.
    Construction of the compressor station additions would be within
property owned by Algonquin. Work at the Hanover CS would require about
16.8 acres of temporary workspace and about 13.8 acres would be
affected permanently. At the Stony Point CS, about 12.8 acres would be
required for temporary workspace and about 15.6 acres would be required
permanently. About 14.2 acres would be required temporarily and 9.9
acres would be required permanently at the Southeast CS. The new Oxford
CS would require about 17.8 acres of temporary workspace and about 12.0
acres permanently. Temporary and permanent workspace would be required
at M&R Station 202 and the new Brookfield M&R Station, but this
information is being developed at this time. The work on the crossover
piping on the west side of Algonquin's Hudson River crossing would have
about 0.55 acre of both temporary and permanent requirements.

Market Access Project

    The total land requirement for Iroquois' Market Access Project
would be about 10.0 acres. The permanent land requirement at the
Brookfield CS would be about 6.2 acres and an additional 1.1 acres
would be required as temporary workspace. Construction of the cooler
facilities at the Dover CS would require about 1.7 acres permanently
and about 1.0 acres temporarily.

The EIS Process

    NEPA requires the Commission to take into account the environmental
impacts that could result from an action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity under
section 7 of the Natural Gas Act. NEPA also requires us to discover and
address concerns the public may have about proposals. This process is
referred to as ``scoping''. The main goal of the scoping process is to
focus the analysis in the SEIS on the important environmental issues.
By this Notice of Intent, the Commission staff requests public comments
on the scope of the issues to address in the EIS. All comments received
are considered during the preparation of the SEIS. By this notice, we
are also asking Federal, state, and local agencies with jurisdiction
and/or special expertise with respect to environmental issues to
formally cooperate with us in the preparation of the SEIS. Agencies
that would like to request cooperating status should follow the
instructions for filing comments below.
    In the SEIS we will discuss impacts that could occur as a result of
the construction and operation of the proposed Project under these
general headings:
     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Hazardous waste.
     Public safety.
    We will also evaluate possible alternatives to the proposed NE-07
Project or portions of the NE-07 Project, and make recommendations on
how to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues is included in the SEIS.
Depending on the comments received during the scoping process, the SEIS
would be published and mailed to Federal, state, and local agencies,
Native American tribes, public interest groups, interested individuals,
affected landowners, newspapers, libraries, and the Commission's
official service list for this proceeding. A comment period would be
allotted for review of the SEIS. All comments received on the SEIS
would be considered before we make our recommendations to the
Commission. The SEIS is used by the Commission in its decision-making
process to determine whether the NE-07 Project is in the public
convenience and necessity.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section described later in
this notice.

Currently Identified Environmental Issues

    We have identified several issues that we think deserve attention
based on a preliminary review of the proposed facilities and the
environmental information provided by the applicants. This preliminary
list of issues may be changed based on your comments and our analysis.
     Water Resources.

--Impact on water quality.
--Impact on wetlands.

     Endangered and Threatened Species.

--Impact on Indiana bats.
--Impact on bog turtles.

     Impacts on soils.

--Restoration of soils in agricultural areas.
--Soil compaction.

     Impacts on recreational areas.

--State and local parklands.
--Trail crossings.
--Harriman (Millennium, Columbia and Algonquin) and Sterling
Forest[supreg] State Parks (Millennium and Columbia).
--Private recreation areas (golf courses, hunting clubs, etc.).

     Reliability and Safety.

--Assessment of hazards associated with natural gas pipelines.
--Assessment of hazards associated with compressor stations.

     Air Quality and Noise.

--Temporary impacts from construction of the pipeline on residences.
--Impacts of operation of the new compressor stations and compressor
station additions.

     Alternatives.

--Laurel Ridge route variation for Columbia's Line A-5 Replacement
Project.
--Modifications to the proposed route variations for Millennium's Phase
I Project.
--Alternative locations for Algonquin's proposed new Oxford CS.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the NE-07 Project. By becoming a commentor,
your concerns may be addressed in the SEIS and considered by the
Commission. You should focus on the potential environmental effects of
the proposal, alternatives to the proposal (including alternative
locations and routes), and measures to avoid or lessen environmental
impact. The more specific your comments, the more useful they may be.
Please carefully follow these instructions to ensure that your comments
are received in time and properly recorded:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 2.
     Reference the docket number of the project about which you
are commenting on the original and both

copies. For these projects, please reference:

Phase I Project--CP98-150-006 and -007
Line A-5 Replacement Project--CP05-19-000
Empire Connector Project--CP05-6-000
Ramapo Expansion Project--PF06-5-000
MarketAccess Project--PF06-6-000

     Mail your comments so that they will be received in
Washington, DC on or before February 10, 2006.
    Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result, we will include
all comments that we receive within a reasonable time frame in our
environmental analysis of this project. However, the Commission
strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site at http://www.ferc.gov under

the ``e-Filing'' link and the link to the User's Guide. Before you can
file comments, you will need to open a free account which can be
created on-line.

Becoming an Intervenor

    In addition to involvement in the SEIS scoping process, you may
want to become an official party to the proceeding known as an
``intervenor''. However, there is no procedure for parties to become
interveners during the pre-filing process. You may request intervener
status after Algonquin and Iroquois file their formal certificate
applications with the Commission and are assigned ``CP'' docket
numbers.
    Intervenors play a more formal role in the process. Among other
things, intervenors have the right to receive copies of case-related
Commission documents and filings by other intervenors. Likewise, each
intervenor must send one electronic copy (using the Commission's
eFiling system) or 14 paper copies of its filings to the Secretary of
the Commission and must send a copy of its filings to all other parties
on the Commission's service list for this proceeding. If you want to
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214, see Appendix 2). Only intervenors have the right to seek
rehearing of the Commission's decision.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    If you do not want to send comments at this time, but still want to
remain on our mailing list, please return the attached Mailing List
Retention Form (Appendix 3). If you do not return the form, you will be
taken off the mailing list.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet website (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact 1-202-502-8659. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. 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 http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Magalie R. Salas,
Secretary.
[FR Doc. E6-486 Filed 1-18-06; 8:45 am]

BILLING CODE 6717-01-P