

[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Notices]               
[Page 46457-46458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au07-53]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-411-000]

 
Texas Eastern Transmission, LP; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Cedar Bayou Lateral Project 
and Request for Comments on Environmental Issues

August 13, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of the Cedar Bayou Lateral Project 
involving construction and operation of natural gas pipeline facilities 
by Texas Eastern Transmission, LP (Texas Eastern) in Chambers County, 
Texas. The EA will be used by the Commission in its decision-making 
process to determine whether the project is in the public convenience 
and necessity.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. Your input will help determine which issues 
need to be evaluated in the EA. Please note that the scoping period 
will close on September 14, 2007. Details on how to submit comments are 
provided in the Public Participation section of this notice.
    If you are a landowner receiving this notice, you may be contacted 
by a pipeline company representative about the acquisition of an 
easement to construct, operate, and maintain the proposed facilities. 
Texas Eastern would seek to negotiate a mutually acceptable agreement. 
However, if the project is approved by the Commission, that approval 
conveys with it the right of eminent domain. Therefore, if easement 
negotiations fail to produce an agreement, Texas Eastern could initiate 
condemnation proceedings in accordance with Texas state law.
    This notice is being sent to affected landowners; federal, state, 
and local government agencies; elected officials; Native American 
tribes; other interested parties; and local libraries and newspapers. 
State and local government representatives are asked to notify their 
constituents of this proposed project and to encourage them to comment 
on their areas of concern.
    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).


Summary of the Proposed Project

    Texas Eastern proposes to construct about 3.79 miles of 20-inch-
diameter pipeline in Chambers County to provide up to 360,000 
dekatherms per day of firm lateral line service to the existing Cedar 
Bayou Power Plant. Texas Eastern would also construct a metering and 
regulating station and other ancillary facilities (i.e., a pig 
launcher, pig receiver, and several valves) as a part of its Cedar 
Bayou Lateral Project.
    The general location of the proposed facilities is shown in 
Appendix 1.\1\
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    \1\ 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 Room at 
(202) 502-8371. For instructions on connecting to eLibrary, refer to 
the ``Additional Information'' section at the end of this notice. 
Copies of the appendices were sent to all those receiving this 
notice in the mail. Requests for detailed maps of the proposed 
facilities should be made directly to Texas Eastern.
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Land Requirements for Construction

    The proposed pipeline would be located almost entirely within an 
existing utility corridor. Construction of the project, including the 
aboveground facilities, would affect about 29.4 acres of land. About 28 
acres of this would be temporary disturbance, as the land would be 
allowed to revert to existing condition after construction.

The EA Process

    We \2\ are preparing this EA to comply with the National 
Environmental Policy Act (NEPA) which requires the Commission to take 
into account the environmental impact that could result if it 
authorizes Texas Eastern's proposal. 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 EA. Agencies that would like to 
request cooperating status should follow the instructions for filing 
comments provided below.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the FERC's Office of Energy Projects.
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    NEPA also requires the FERC 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 EA on the important environmental issues. By this 
Notice of Intent, we are requesting public comments on the scope of the 
issues to address in the EA. All comments received are considered 
during the preparation of the EA.
    The EA 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
     water resources
     wetlands
     land use and visual quality
     cultural resources
     vegetation, fisheries, and wildlife (including threatened 
and endangered species)
     air quality and noise
     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.
    Our independent analysis of the issues will be in the EA. Depending 
on the comments received during the scoping process, the EA may be 
published and mailed to federal, state, and local agencies, public 
interest groups, interested individuals, affected landowners, 
newspapers, libraries, and the Commission's official service list for 
this proceeding. A comment period will be allotted for review if the EA 
is published. We will consider all comments on the EA before we make 
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section below.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. By becoming a commentor, your 
concerns will be addressed in the EA and considered by the Commission. 
You should focus on the potential environmental effects of the 
proposal, alternatives to the proposal including alternative berthing 
alignments, and measures to avoid or lessen environmental impact. The 
more specific your comments, the more useful

[[Page 46458]]

they will 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: 
Kimberley D. Bose, 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 1.
     Reference Docket No. CP07-411-000.
     Mail your comments so that they will be received in 
Washington, DC on or before September 14, 2007.
    The Commission encourages electronic filing of comments. See 18 
Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on 
the Commission's Internet Web site at http://www.ferc.gov under the 

``eFiling'' link and the link to the User's Guide. Prepare your 
submission in the same manner as you would if filing on paper and save 
it to a file on your hard drive. Before you can file comments you will 
need to create an account by clicking on ``Login to File'' and then 
``New User Account.'' You will be asked to select the type of filing 
you are making. This filing is considered a ``Comment on Filing.''
    We may mail the EA for comment. If you are interested in receiving 
it, please return the Information Request (Appendix 3). If you do not 
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want 
to become an official party to the proceeding known as an 
``intervenor.'' 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).\3\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \3\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
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    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.

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 Web site (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 
FercOnlineSupport@ferc.gov or toll free at 1-866-208-3676, or for TTY, 

contact (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. You can also 

request additional information by calling Texas Eastern at 713-627-
5415.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-16236 Filed 8-17-07; 8:45 am]

BILLING CODE 6717-01-P
