[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3674-3676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00966]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-509-001]


Texas Eastern Transmission, LP; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Amended Marshall County Mine 
Panel 19E and 20E Project and Request for Comments on Environmental 
Issues

    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 Marshall County Mine Panel 19E 
and 20E Project (Project) involving construction and operation of 
facilities by Texas Eastern Transmission, LP (Texas Eastern) in 
Marshall County, West Virginia. The Commission will use this EA 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 about issues regarding the project. The National Environmental 
Policy Act (NEPA) requires the Commission to take into account the 
environmental impacts that could result from its action whenever it 
considers the issuance of a Certificate of Public Convenience and 
Necessity/authorization. NEPA also requires the Commission to discover 
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, the Commission requests public comments on the scope of issues 
to address in the EA. 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 
February 12, 2020.
    You can make a difference by submitting your specific comments or 
concerns about the project. Your comments should focus on the potential 
environmental effects, reasonable alternatives, and measures to avoid 
or lessen environmental impacts. Your input will help the Commission 
staff determine what issues they need to evaluate in the EA. Commission 
staff will consider all filed comments during the preparation of the 
EA.
    This notice is being sent to the Commission's current environmental 
mailing list for this 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 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, that approval conveys with it the right of 
eminent domain. 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.
    Texas Eastern 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?'' 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. It is also available for viewing on 
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    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. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, 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 FercOnlineSupport@ferc.gov. 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 (www.ferc.gov) 
under the link to Documents and Filings. 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 (www.ferc.gov) 
under the link to Documents and Filings. 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 following address. Be sure to reference the project docket number 
(CP19-509-001) with your submission: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, 
Washington, DC 20426.

Summary of the Proposed Project

    Texas Eastern filed an amendment to its Abbreviated Application for 
a Certificate of Public Convenience and Necessity and for Related 
Authorizations for its proposed Marshall County Mine Panel 19E Project, 
submitted on September 4, 2019 in Docket No. CP19-509-000. By this 
Amendment, Texas Eastern requests authorization under the Natural Gas 
Act, Section 7(c) to excavate, elevate, and replace certain segments of 
its pipelines that traverse the Marshall County Coal Company's 
(Marshall Coal) Mine Panels 19E and 20E, located in Marshall County, 
West Virginia. This Amendment reflects activities related to both Mine 
Panels 19E and 20E, and the construction activities proposed replace in 
their entirety the construction activities proposed in the Application.
    Texas Eastern proposes to excavate and elevate pipeline segments of 
its Lines 10, 15, 25, and 30, that range from 30-inch to 36-inch-
diameter and to monitor stress and strain levels on the pipelines from 
potential ground subsidence due to Marshall Coal's scheduled longwall 
mining activities.

[[Page 3675]]

Concurrent with pipeline elevation, portions of Lines 10 and 15 would 
be replaced with new pipe to accommodate a minimum Class 2 design.\1\ 
Texas Eastern would also perform maintenance activities on segments of 
Lines 25 and 30. The four mainline segments will be returned to natural 
gas service above ground, while remaining elevated using sandbags and 
skids for the duration of Marshall Coal's longwall mining activities 
and potential ground subsidence. Texas Eastern would reinstall the 
elevated pipeline segments as soon as possible to minimize the length 
of time that the segments are above ground, and to allow the right-of-
way to be restored to its pre-construction use in accordance with 
landowner agreements.
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    \1\ Lines 10 and 15 were installed prior to the Natural Gas 
Pipeline Safety Act, and are grandfathered to operate at greater 
than 72% of Specified Minimum Yield Strength. The portions of these 
pipelines included in this Project will be replaced with pipe that 
meets or exceeds the current Pipeline and Hazardous Materials Safety 
Administration regulations. See 49 CFR 192.611(a) (2019).
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    Marshall Coal recently informed Texas Eastern that longwall mining 
activities for Mine Panel 20E may now begin as early as August of 2021. 
As such, Texas Eastern would need to commence activities to protect its 
pipelines that traverse Mine Panel 20E concurrent with planned 
activities to protect its pipelines that traverse Mine Panel 19E 
(longwall mining activities in Mine Panel 19E are anticipated to begin 
in October 2020) in order to ensure timely stabilization of the 
pipeline segments above ground for the duration of the longwall mining 
activities scheduled to take place at both Mine Panels. Completion of 
longwall mining activities and potential subsidence is anticipated in 
December 2020 for Mine Panel 19E and in October 2021 for Mine Panel 
20E. As such, Texas Eastern is seeking to amend the timing set forth in 
the Application for completion of Project activities from October 2021 
to October 2022, prior to the start of Texas Eastern's winter heating 
season
    The general location of the 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 appendices were sent to all those 
receiving this notice in the mail and are available at www.ferc.gov 
using the link called eLibrary or from the Commission's Public 
Reference Room, 888 First Street NE, Washington, DC 20426, or call 
(202) 502-8371. For instructions on connecting to eLibrary, refer to 
the last page of this notice.
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Land Requirements for Construction

    Construction workspace would disturb about 34.2 acres of land for 
the pipeline excavation, elevation, and/or replacement. Following 
construction, Texas Eastern would maintain about 12.0 acres of existing 
right-of-way for permanent operation of the project's facilities; the 
remaining acreage would be restored and revert to former uses.

The EA Process

    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 and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate reasonable 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.
    The EA will present Commission staffs' independent analysis of the 
issues. The EA will be available in electronic format in the public 
record through eLibrary \3\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will 
receive instant email notification when the EA is issued. The EA may be 
issued for an allotted public comment period. Commission staff will 
consider all comments on the EA before making recommendations to the 
Commission. To ensure Commission staff have the opportunity to address 
your comments, please carefully follow the instructions in the Public 
Participation section, beginning on page 2.
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    \3\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues of this project to formally cooperate in the 
preparation of the EA.\4\ 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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    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
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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 
consultation with the applicable State Historic Preservation Office(s), 
and 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.\5\ The EA for this project will 
document findings on the impacts on historic properties and summarize 
the status of consultations under section 106.
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    \5\ 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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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; 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. 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.
    If the Commission issues the EA for an allotted public comment 
period, a Notice of Availability of the EA will be sent to the 
environmental mailing list and will provide instructions to access the 
electronic document on the FERC's website (www.ferc.gov). If you need 
to make changes to your name/address, or if you would like to remove 
your name from the mailing list, please 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 www.ferc.gov 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.,

[[Page 3676]]

CP09-509). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
FercOnlineSupport@ferc.gov 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 www.ferc.gov/EventCalendar/EventsList.aspx along 
with other related information.

    Dated: January 13, 2020.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2020-00966 Filed 1-21-20; 8:45 am]
 BILLING CODE 6717-01-P


