[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Notices]               
[Page 61044-61046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-93]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-428-000]

 
Panhandle Eastern Pipeline Company, LP; Notice of Intent To 
Prepare an Environmental Assessment for the Proposed Tuscola East 
Project and Request for Comments on Environmental Issues and Notice of 
Scoping Meeting

October 11, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of Panhandle Eastern Pipeline 
Company, LP's (Panhandle) planned Tuscola East Project located in 
Douglas County, Illinois and Parke, Marion, Boone, and Hamilton 
Counties, Indiana.\1\ This notice announces the opening of the scoping 
process we will use to gather input from the public and interested 
agencies on the project. Your input will help the Commission staff 
determine which issues need to be evaluated in the EA. Please note that 
the scoping period will close on November 13, 2006.
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    \1\ Panhandle's application was filed with the Commission under 
section 7 of the Natural Gas Act and Part 157 of the Commission's 
regulations.
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    Comments may be submitted in written form or presented verbally at 
the public meeting detailed below. Further details on how to submit 
written comments are provided in the public participation section of 
this notice. In lieu of sending written comments, you are invited to 
attend the public scoping meeting that is scheduled as follows:

Tuscola East Project

    Tuesday--October 24, 2006, 7 p.m. (EST), VFW in Noblesville, 654 S 
9th Street, Noblesville IN 46060. (317) 770-3954.
    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. 
The pipeline company 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, the pipeline 
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?'' was attached to the 
project notice Panhandle provided to landowners. 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 available for viewing on the FERC Internet Web site (http://www.ferc.gov
).


Summary of the Proposed Project

    Due to the age of Panhandle's existing line and the Department of 
Transportation's Integrity Management Plan regulations, Panhandle 
reduced the operating pressure on one line by 20 percent in 2004. 
Additional measures to mitigate risk for High Consequence Areas must be 
implemented by end of 2011. Panhandle's project purpose is to restore 
long-haul transportation capacity from Tuscola heading east to Michigan 
by replacing the existing diameter pipeline with larger diameter 
pipeline. In general, these facilities would consist of replacing about 
31.3 miles of pipeline consisting of three segments and abandoning in 
place or by removal the existing 29.4 miles of pipelines that 
correspond with the new replacement lines. Specifically, the project 
includes:
     Tuscola 100-Line (Douglas County, IL)--Replacing 6.7 miles 
of existing 100-Line 20-inch diameter pipeline with 36-inch diameter 
pipeline, designating the new pipeline as the 500-Line, and installing 
a new pig launcher/receiver;
     Tuscola 200-Line (Douglas County, IL)--Replacing 1.9 miles 
of the existing 200-Line 36-inch diameter pipeline with 20-inch 
diameter pipeline (the 1.9 miles of 36-inch pipeline replaced would be 
used for the new 500-Line);
     Montezuma 100-Line (Parke County, IN)--Replacing 6.6 miles 
of the existing 100-Line 20-inch diameter pipeline with 36-inch 
diameter pipeline, designating the new pipeline as the 500-Line, and 
installing a new pig launcher/receiver; and
     Zionsville 200-Line (Marion, Boone, and Hamilton Counties, 
IN)--Replacing 18.0 miles of the existing 200-Line 24-inch diameter 
pipeline with 30-inch diameter pipeline, designating the new

[[Page 61045]]

pipeline as the 500-Line, and installing a new pig launcher/receiver.
    The majority of all segments to be replaced would be abandoned by 
removal, and at stream, wetland, pipeline crossovers, and uncased road 
crossing the pipeline would be abandoned in place. Also 16 taps would 
be disconnected from the 100 and 200-Lines and reconnection to the 
nearest adjacent lines would be required in order to continue providing 
service. The general locations of the project facilities are shown in 
Appendix 1.\2\
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of all appendices, other 
than Appendix 1 (maps), are available on the Commission's Web site 
at the ``eLibrary'' link 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. Copies of the appendices were sent to all 
those receiving this notice in the mail.
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Land Requirements for Construction

    Panhandle proposes to use a 125-foot wide right-of-way, which would 
overlap its existing permanent right-of-way. However, a temporary 
construction right-of-way may be required. Panhandle would first 
install the new 500-Line along each segment, and then remove the 100- 
and 200-Lines from their respective rights-of-way. The new 500-Line 
would be installed within the existing rights-of-way of each segment 
with a 25-foot offset from the existing mainlines. Construction of the 
proposed facilities would require about 546.6 acres of land. Following 
construction, about 204.8 acres would be maintained as permanent 
easement or aboveground facility sites as part of Panhandle's existing 
permanent rights-of-way. No additional permanent rights-of-way would be 
required because the proposed project would be operated within existing 
Panhandle rights-of-way. The remaining 341.8 acres of land would be 
restored and allowed to revert to its former use.

The EA Process

    The National Environmental Policy Act (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. 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 EA 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 
EA. All comments received are considered during the preparation of the 
EA. State and local government representatives are encouraged to notify 
their constituents of this proposed action and encourage them to 
comment on their areas of concern.
    In the EA, we \3\ will discuss impacts that could occur as a result 
of the construction and operation of the proposed project under these 
general headings:
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    \3\ ''We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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     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 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.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the proposed facilities and 
the environmental information provided by Panhandle. This preliminary 
list of issues may be changed based on your comments and our analysis.
    Project-related impact on:
     Threatened and Endangered Species;
     Noise impacts from construction activities and operations
     Pipeline Safety and reliability; and
     Residences or structures within 50 feet of the 
construction work space.

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 locations 
and/or routes), and measures to avoid or lessen environmental impact. 
The more specific your comments, the more useful 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: 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 Docket No. CP06-428-000.
     Mail your comments so that they will be received in 
Washington, DC on or before November 13, 2006.
    Please note that 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 
create a free account which can be created on-line.
    We may mail the EA for comment. If you are interested in receiving 
it, please return the Information Request (Appendix 2). 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, or ``intervenor''. 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). Intervenors have the right to seek rehearing of the 
Commission's decision. Motions to Intervene should be electronically 
submitted using the commission's eFiling system at http://www.ferc.gov. 

Persons without Internet access should send an original and 14 copies 
of their motion to the Secretary of the Commission at the address 
indicated previously. Persons filing Motions to Intervene on or before 
the comment

[[Page 61046]]

deadline indicated above must send a copy of the motion to the 
Applicant. All filings, including late interventions, submitted after 
the comment deadline must be served on the Applicant and all other 
intervenors identified on the Commission's service list for this 
proceeding. Persons on the service list with email addresses may be 
served electronically; others must be served a hard copy of the filing.
    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

    An effort is being made to send this notice to all individuals, 
organizations, and government entities interested in and/or potentially 
affected by the proposed project. This includes all landowners who are 
potential right-of-way grantors, whose property may be used temporarily 
for project purposes, or who own homes within distances defined in the 
Commission's regulations of certain aboveground facilities.

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.


Magalie R. Salas,
Secretary.
 [FR Doc. E6-17199 Filed 10-16-06; 8:45 am]

BILLING CODE 6717-01-P