U.S. Army Corps of Engineers, Baltimore District; Dominion Cove Point LNG, LP; Dominion Transmission, Inc; Notice of Availability of the Draft Environmental Impact Statement, Draft General Conformity Determination, and U.S. Army Corps Of Engineers Public Notice for the Proposed Cove Point Expansion Project, 67158-67161 [E5-6116]

Download as PDF 67158 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices disposition of certain wholesale power sales contracts of Select. Comment Date: 5 p.m. Eastern Time on November 14, 2005. 4. NRG Energy, Inc. and Texas Genco LLC [Docket No. EC06–14–000] Take notice that on October 24, 2005, NRG Energy, Inc., on behalf of itself and its public utility subsidiaries (collectively, NRG) and Texas Genco LLC (Texas Genco) submitted an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities whereby the owners of Texas Genco would acquire certain amounts of NRG common stock as part consideration in exchange for the transfer of their interest in Texas Genco to NRG. The Applicants request confidential treatment of certain contracts and written instruments pursuant to which the transaction would be consummated. Comment Date: 5 p.m. Eastern Time on November 23, 2005. 5. Entegra Power Group LLC, Gila River Power, L.P. and Union Power Partners, L.P. [Docket No. EC06–15–000] Take notice that on October 24, 2005, Entegra Power Group LLC, (Entegra), on behalf of itself and its wholly-owned subsidiaries Gila River Power, L.P. and Union Power Partners, L.P. (together with Entegra, Applicants), and on behalf of the current owners of equity interests in Entegra, filed with the Commission an application pursuant to section 203 of the Federal Power Act, requesting authorization for an indirect disposition of FERC-jurisdictional facilities resulting from certain proposed transfers of ownership of equity interests in Entegra. Comment Date: 5 p.m. Eastern Time on November 15, 2005. 6. Boston Edison Company [Docket no. EL02–123–008] Take notice that on October 17, 2005, Boston Edison Company submitted for filing, pursuant to the Commission’s Order issued September 15, 2005, changes with respect to the service agreements for the Town of Wellesley and the Town of Concord. Comment Date: 5 p.m. Eastern Time on November 16, 2005. 7. Luzenac America, Inc. [Docket No. EL06–8–000] Take notice that on October 20, 2005, Luzenac America, Inc. (Luzenac), pursuant to section 1290 of the Energy VerDate Aug<31>2005 22:35 Nov 03, 2005 Jkt 208001 Policy Act of 2005 and Rules 206 and 207 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, filed a Petition for Relief relating to a termination payment sought by Enron Power Marketing, Inc. (Enron). In the Petition, Luzenac requests an expeditious determination by FERC that the termination payment sought by Enron from Luzenac is not permitted under Enron’s rate schedule or its contract with Luzenac entered into under such rate schedule, or is otherwise unlawful on the grounds that the contract is unjust and unreasonable or contrary to the public interest. Comment Date: 5 p.m. Eastern Time on November 10, 2005. 8. Midwest Renewable Energy Projects LLC [Docket No. EL06–9–000] Take notice that on October 20, 2005, Midwest Renewable Energy Projects LLC submitted to the Commission a petition to for declaratory order regarding the recent amendments to the Public Utility Regulatory Policies Act of 1978. Comment Date: 5 p.m. Eastern Time on November 10, 2005. 9. Devon Power LLC [Docket No. ER04–23–014] Take notice that on October 11, 2005, Devon Power LLC, Middletown Power LLC and Montville Power LLC (collectively, the NRG Companies), pursuant to a deficiency letter issued on July 13, 2005 submitted for filing a reconciliation of their annual informational filing. Comment Date: 5 p.m. Eastern Time on November 7, 2005. 10. The Detroit Edison Company [Docket No. TS06–1–000] Take notice that on October 3, 2005, The Detroit Edison Company (Detroit Edison) filed a request for clarification that it should not be considered a transmission provider subject to the Standards of Conduct promulgated in Order No. 2004. Detroit Edison requests full waiver from the requirements of Order No. 2004, FERC Statutes and Regulations ¶31,355 (2003). Comment Date: 5 p.m. Eastern Time on November 10, 2005. Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Magalie R. Salas, Secretary. [FR Doc. E5–6111 Filed 11–3–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP05–130–000; CP05–132– 000; CP05–131–000; Corps Application # CENAB–OP–RMS200565510–4] U.S. Army Corps of Engineers, Baltimore District; Dominion Cove Point LNG, LP; Dominion Transmission, Inc; Notice of Availability of the Draft Environmental Impact Statement, Draft General Conformity Determination, and U.S. Army Corps Of Engineers Public Notice for the Proposed Cove Point Expansion Project Standard Paragraph October 28, 2005. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the The staff of the Federal Energy Regulatory Commission (FERC or Commission) in cooperation with the U.S. Army Corps of Engineers (Corps) and U.S. Coast Guard, (Coast Guard) has prepared a draft Environmental Impact PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices Statement (EIS) for a liquefied natural gas (LNG) import terminal expansion and natural gas pipeline facilities proposed by Dominion Cove Point LNG, L.P. and Dominion Transmission, Inc. (collectively referred to as Dominion) in the above-referenced dockets. The draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The draft EIS addresses federally listed species, cultural resources, and essential fish habitat issues. A draft General Conformity Determination was also prepared by the FERC to assess the potential air quality impacts associated with construction and operation of the proposed project and is included as Appendix H of the draft EIS. The FERC staff concludes that approval of the proposed project with appropriate mitigating measures, as recommended, would have limited adverse environmental impact. This is a joint public notice by the FERC and Corps to advertise: • The availability of the draft EIS; • The scheduling of the joint FERC public meetings/Corps public hearings on December 7 and 8th, 2005; and • The submission of a Department of the Army permit application CENAB– OP–RMS (Dominion Cove Point LNG, LP) 200565510–4. The draft EIS addresses the potential environmental effects of the construction and operation of the following LNG terminal and natural gas (steel) pipeline facilities: • Two new 160,000 cubic meter single containment LNG storage tanks; • Additional vaporization capacity consisting of shell and tube vaporizers and associated equipment; • Additional power generation equipment consisting of two 21.7 megawatt gas turbine generators and three emergency generators; • Infrastructure associated with the LNG terminal expansion including roads and storage and work areas at the existing site; • About 47.8 miles of 36-inchdiameter, loop pipeline in Calvert, Prince Georges, and Charles County, Maryland (TL–532 Pipeline); • Ancillary areas for pipeline construction, including access roads, staging areas, and work spaces; • About 81 miles of 24-inch-diameter pipeline lateral in Juniata, Mifflin, Huntingdon, Centre, and Clinton Counties, Pennsylvania (PL–1 EXT2 Pipeline); • Two new compressor stations in Juniata County (Perulack Station) and Centre County (Centre Relay Station), Pennsylvania; VerDate Aug<31>2005 22:35 Nov 03, 2005 Jkt 208001 • About 11 miles of 24-inch diameter pipeline loop in Wetzel County West Virginia and Greene County, Pennsylvania (TL–492 EXT3 Pipeline); • About 12 miles of 24-inch-diameter pipeline loop in Potter County, Pennsylvania (TL–453 EXT1 Pipeline); • About 10 miles of 20-inch-diameter pipeline loop in Potter County, Pennsylvania (TL–536 Pipeline); • Replacement of about 0.6 mile and pressure testing and possible replacement of about 0.4 mile of 30inch-diameter pipeline in Franklin County, Pennsylvania (PL–1 Pipeline Pressure Restoration Sites); • Minor modifications to the existing Loudoun Measuring and Regulating (M&R) Station in Loudoun County, Virginia; • About 5,000 hp of additional compression at the existing Mockingbird Hill Compressor Station in Wetzel County, West Virginia; • Minor modifications to the existing Leesburg Compressor Station in Loudoun County, Virginia; • Minor modifications to the existing Chambersburg Compressor Station in Franklin County, Pennsylvania; • Additional facilities and pipeline replacement at the existing Leidy M&R Station located at the Leidy Hub complex in Clinton County, Pennsylvania; • About 3,550 hp of additional compression at Dominion’s previously approved but not yet constructed Wolf Run Compressor Station in Lewis County, West Virginia; and • Minor modifications to Dominion’s previously approved but not yet constructed Quinlan Compressor Station in Cattaraugus County, New York. Dominion’s proposed LNG terminal expansion would increase the send-out capability by 800,000 Dth/d and increase the storage capacity by 6.8 MMDth/d. Dominion’s proposed pipeline and related facilities in Maryland and Virginia would allow it to deliver an additional 800,000 Dth/d from its LNG terminal to its connections with other interstate pipelines. Dominion’s proposed pipelines and related facilities in Pennsylvania, West Virginia, and New York would allow it to transport an additional 700,000 Dth/ d to various delivery points on its system, and offer a new underground storage service of 6.0 MMDth, with an additional demand of 100,000 Dth/d. Dominion Cove Point LNG,LP has applied, concurrently, to the Corps for a Department of the Army Individual permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 67159 of 1899 (33 U.S.C. 403) for proposed structures in and under navigable waters and the discharge of dredged, excavated, and/or fill material into waters of the United States, including wetlands to construct the preferred alternative identified in the draft EIS. The decision whether to issue the permits will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed projects on the public interest. The decision will reflect the national concern for the protection and utilization of important resources. The benefits, which would be reasonably expected to accrue from the proposed projects, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the proposed work, will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply, and conservation, water quality, energy needs, safety, food and fiber production, consideration of property ownership, and in general, the needs and welfare of the people. The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of the proposed project. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for the proposal. To make this decision, the Corps uses comments received to access impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. The evaluation of the impact of the work described above on the public interest will also include application, by the Corps, of the guidelines [Section 404(b)(1)] promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act. For Corps permitting purposes, if applicable, the applicant is required to obtain a Water Quality Certification in accordance with Section 401 of the Clean Water Act from the Maryland Department of the Environment (MDE), the Pennsylvania Department of Environmental Protection, and the State of West Virginia Division of Environmental Protection. The Section 401 certifying agencies have a statutory limit of one year in which to make their E:\FR\FM\04NON1.SGM 04NON1 67160 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices decisions. Additionally, for Corps permitting purposes, the applicant is required to obtain Coastal Zone Management Consistency concurrence from the MDE, as well. It should be noted that the MDE has a statutory limit of 6 months in which to make its consistency determination. Joint FERC Public Meetings/Corps Public Hearings are held to provide interested individuals with the opportunity to present information about the effects of the project, including its social, economic and environmental effects. These meetings/ hearings provide the opportunity for interested parties to present views, opinions, and information that will be considered by the FERC and the Corps in evaluating the proposed project. The U.S. Coast Guard (Coast Guard) within the U.S. Department of Homeland Security is also participating as a cooperating agency in the preparation of the EIS because it exercises regulatory authority over LNG facilities that affect the safety and security of port areas and navigable waterways under Executive Order 10173; the Magnuson Act (50 U.S.C. section 191); the Ports and Waterways Safety Act of 1972, as amended (33 U.S.C. 1221, et seq.); and the Maritime Transportation Security Act of 2002 (46 U.S.C. section 701). The Coast Guard also has authority for LNG facility plan review, approval and compliance verification as provided in Title 33 CFR part 105, and siting as it pertains to the management of vessel traffic in and around the LNG facility. As required by its regulations, the Coast Guard is responsible for issuing a Letter of Recommendation (LOR) as to the suitability of the waterway for LNG marine traffic. The Coast Guard plans to adopt the EIS if it adequately covers the impacts associated with issuance of the LOR. Comment Procedures and FERC Public Meetings/Corps Public Hearings Any person wishing to comment on the draft EIS may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received and properly recorded: • Send an original and two copies of your comments to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426. • Reference Docket Nos. CP05–130– 000, CP05–131–000, and CP05–132– 000. VerDate Aug<31>2005 22:35 Nov 03, 2005 Jkt 208001 • Label one copy of the comments for the attention of the Gas Branch 1. • Mail your comments so that they will be received in Washington, DC on or before December 21, 2005. Please note that the Commission strongly encourages electronic filing of any comments or interventions 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 ‘‘eFiling’’ 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 by clicking on ‘‘Login to File’’ and then ‘‘New User Account.’’ The Corps public hearings provide members of the public the opportunity to present views, opinions, and information which will be considered by the Corps in evaluating the Department of the Army permit. All comments received will become part of the formal project record. Copies of any written statements expressing concern for aquatic resources may be submitted to: Mrs. Kathy Anderson, Corps of Engineers, CENAB– OP–RMS, P.O. Box 1715, Baltimore, Maryland 21203–1715. The Corps public hearing comment period closes on December 21, 2005. In addition to or in lieu of sending written comments, we invite you to attend one of the FERC public meetings/ Corps public hearings we have scheduled as follows: Wednesday, December 7, 2005: 7 p.m. (EST), Old Courthouse, 1 Market Street, Lewistown, PA 17044. (717) 248–6733. Thursday, December 8, 2005: 7 p.m. (EST), Penn Stater Conference Center Hotel, 215 Innovation Boulevard, State College, PA 16803. (814) 863– 5000. Wednesday, December 7, 2005: 7 p.m. (EST), Holiday Inn—Solomons, 155 Holiday Drive, Solomons, MD 20688. (410) 326–6311. Thursday, December 8, 2005: 7 p.m. (EST), Holiday Inn—Waldorf, U.S. 301 and St. Patrick’s Drive, Waldorf, MD 20603. (301) 645–8200. Interested groups and individuals are encouraged to attend and present oral comments on the draft EIS. Transcripts of the meetings will be prepared. After these comments are reviewed, any significant new issues are investigated, and modifications are made to the draft EIS, a final EIS will be published and distributed by the staff. The final EIS will contain the staff’s responses to timely comments received on the draft EIS. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission’s Rules of Practice and Procedures (18 CFR 385.214). Anyone may intervene in this proceeding based on this draft EIS. You must file your request to intervene as specified above.1 You do not need intervenor status to have your comments considered. The draft EIS has been placed in the public files of the FERC and is available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426, (202) 208–1371. Hard-copies of the draft EIS have been mailed to Federal, State, and local agencies; public interest groups; individuals and affected landowners who requested a copy of the draft EIS or provided comments during scoping; libraries; newspapers; and parties to this proceeding. In the alternate, those persons or organizations who were identified as potential stakeholders on this environmental mailing list are receiving an Executive Summary document and a full version of the draft EIS on CD–ROM. A limited number of documents and CD–ROMs are available from the Public Reference Room identified above. In addition, hardcopies of the document are also available for reading at public libraries along the proposed project route. To reduce printing and mailing costs the final EIS will be issued in both CD– ROM and hard-copy formats. In a separate mailing, the parties on the current mailing list for the draft EIS will be sent a postcard providing an opportunity for them to select which format of the final EIS they wish to receive. The FERC strongly encourages the use of the CD–ROM format in its publication of large documents. If you wish to receive a paper copy of the final EIS instead of a CD-ROM, you must return the postcard indicating that choice. 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 (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 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices 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 on the FERC Internet Web site Folialso 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 the eSubscription link on the FERC Internet Web site. It is requested that you communicate the foregoing information concerning the proposed work to any persons known by you to be interested and not being known to this office, who did not receive a copy of this notice. Magalie R. Salas, Secretary. [FR Doc. E5–6116 Filed 11–3–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions October 28, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: New Major License. b. Project No.: 1971–079. c. Date Filed: July 21, 2003. d. Applicant: Idaho Power Company. e. Name of Project: Hells Canyon Hydropower Project. f. Location: On the Snake River in Washington and Adams, Counties, Idaho; and Wallowa and Baker Counties, Oregon. About 5,270 acres of Federal lands administered by the Forest Service and the Bureau of Land Management (Payette and WallowaWhitman National Forests and Hells Canyon National Recreational Area) are included within the project boundary. g. Filed Pursuant to: Federal Power Act 16 U.S.C. §§ 791(a)–825(r). VerDate Aug<31>2005 22:35 Nov 03, 2005 Jkt 208001 h. Applicant Contact: Mr. Robert W. Stahman, Vice President, Secretary, and General Counsel, Idaho Power Company, P.O. Box 70, Boise, Idaho 83707. i. FERC Contact: Alan Mitchnick, (202) 502–6074, alan.mitchnick@ferc.gov; Emily Carter, (202) 502–6512, emily.carter@ferc.gov. j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 90 days from the issuance of this notice; reply comments are due 135 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission’s Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (http://www.ferc.gov) under the ‘‘eFiling’’ link. k. This application has been accepted, and is ready for environmental analysis at this time. l. The existing Hells Canyon Project consists of three developments: Brownlee Development consists of a 395-foot-high earth and rockfill dam, a 14,621-acre impoundment, and a powerhouse with five generating units producing 585.4 megawatts (MW); Oxbow Development consists of a 209foot-high earth and rockfill dam, a 1,150-acre impoundment, and a powerhouse with four generating units producing 460 MW; and Hells Canyon Development consists of a 320-foot-high concrete gravity dam, a 2,412-acre impoundment, and a powerhouse with three generating units producing 391.5 MW. Idaho Power also operates four fish hatcheries and four adult fish traps. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site at http://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 67161 the docket number field to access the document. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, (202) 502–8659. A copy is also available for inspection and reproduction at the address in item h above. All filings must (1) Bear in all capital letters the title ‘‘COMMENTS’’, ‘‘REPLY COMMENTS’’, ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND CONDITIONS,’’ or ‘‘PRESCRIPTIONS;’’ (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at http://www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E5–6114 Filed 11–3–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RM01–10–000, EY06–6–000] Standards of Conduct for Transmission Providers; Florida Power & Light Company; Notice Granting Waiver of Posting and Recordkeeping Requirements October 28, 2005. On October 27, 2005, Florida Power & Light Company (FPL) filed to seek a temporary emergency waiver of section 358.4(a)(2) of the Commission’s regulations and for any other waivers necessary for FPL to proceed with the restoration work on its transmission and distribution systems necessitated by E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67158-67161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6116]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP05-130-000; CP05-132-000; CP05-131-000; Corps 
Application  CENAB-OP-RMS200565510-4]


U.S. Army Corps of Engineers, Baltimore District; Dominion Cove 
Point LNG, LP; Dominion Transmission, Inc; Notice of Availability of 
the Draft Environmental Impact Statement, Draft General Conformity 
Determination, and U.S. Army Corps Of Engineers Public Notice for the 
Proposed Cove Point Expansion Project

October 28, 2005.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) in cooperation with the U.S. Army Corps of Engineers 
(Corps) and U.S. Coast Guard, (Coast Guard) has prepared a draft 
Environmental Impact

[[Page 67159]]

Statement (EIS) for a liquefied natural gas (LNG) import terminal 
expansion and natural gas pipeline facilities proposed by Dominion Cove 
Point LNG, L.P. and Dominion Transmission, Inc. (collectively referred 
to as Dominion) in the above-referenced dockets. The draft EIS was 
prepared to satisfy the requirements of the National Environmental 
Policy Act (NEPA). The draft EIS addresses federally listed species, 
cultural resources, and essential fish habitat issues. A draft General 
Conformity Determination was also prepared by the FERC to assess the 
potential air quality impacts associated with construction and 
operation of the proposed project and is included as Appendix H of the 
draft EIS.
    The FERC staff concludes that approval of the proposed project with 
appropriate mitigating measures, as recommended, would have limited 
adverse environmental impact.
    This is a joint public notice by the FERC and Corps to advertise:
     The availability of the draft EIS;
     The scheduling of the joint FERC public meetings/Corps 
public hearings on December 7 and 8th, 2005; and
     The submission of a Department of the Army permit 
application CENAB-OP-RMS (Dominion Cove Point LNG, LP) 200565510-4.
    The draft EIS addresses the potential environmental effects of the 
construction and operation of the following LNG terminal and natural 
gas (steel) pipeline facilities:
     Two new 160,000 cubic meter single containment LNG storage 
tanks;
     Additional vaporization capacity consisting of shell and 
tube vaporizers and associated equipment;
     Additional power generation equipment consisting of two 
21.7 megawatt gas turbine generators and three emergency generators;
     Infrastructure associated with the LNG terminal expansion 
including roads and storage and work areas at the existing site;
     About 47.8 miles of 36-inch-diameter, loop pipeline in 
Calvert, Prince Georges, and Charles County, Maryland (TL-532 
Pipeline);
     Ancillary areas for pipeline construction, including 
access roads, staging areas, and work spaces;
     About 81 miles of 24-inch-diameter pipeline lateral in 
Juniata, Mifflin, Huntingdon, Centre, and Clinton Counties, 
Pennsylvania (PL-1 EXT2 Pipeline);
     Two new compressor stations in Juniata County (Perulack 
Station) and Centre County (Centre Relay Station), Pennsylvania;
     About 11 miles of 24-inch diameter pipeline loop in Wetzel 
County West Virginia and Greene County, Pennsylvania (TL-492 EXT3 
Pipeline);
     About 12 miles of 24-inch-diameter pipeline loop in Potter 
County, Pennsylvania (TL-453 EXT1 Pipeline);
     About 10 miles of 20-inch-diameter pipeline loop in Potter 
County, Pennsylvania (TL-536 Pipeline);
     Replacement of about 0.6 mile and pressure testing and 
possible replacement of about 0.4 mile of 30-inch-diameter pipeline in 
Franklin County, Pennsylvania (PL-1 Pipeline Pressure Restoration 
Sites);
     Minor modifications to the existing Loudoun Measuring and 
Regulating (M&R) Station in Loudoun County, Virginia;
     About 5,000 hp of additional compression at the existing 
Mockingbird Hill Compressor Station in Wetzel County, West Virginia;
     Minor modifications to the existing Leesburg Compressor 
Station in Loudoun County, Virginia;
     Minor modifications to the existing Chambersburg 
Compressor Station in Franklin County, Pennsylvania;
     Additional facilities and pipeline replacement at the 
existing Leidy M&R Station located at the Leidy Hub complex in Clinton 
County, Pennsylvania;
     About 3,550 hp of additional compression at Dominion's 
previously approved but not yet constructed Wolf Run Compressor Station 
in Lewis County, West Virginia; and
     Minor modifications to Dominion's previously approved but 
not yet constructed Quinlan Compressor Station in Cattaraugus County, 
New York.
    Dominion's proposed LNG terminal expansion would increase the send-
out capability by 800,000 Dth/d and increase the storage capacity by 
6.8 MMDth/d. Dominion's proposed pipeline and related facilities in 
Maryland and Virginia would allow it to deliver an additional 800,000 
Dth/d from its LNG terminal to its connections with other interstate 
pipelines. Dominion's proposed pipelines and related facilities in 
Pennsylvania, West Virginia, and New York would allow it to transport 
an additional 700,000 Dth/d to various delivery points on its system, 
and offer a new underground storage service of 6.0 MMDth, with an 
additional demand of 100,000 Dth/d.
    Dominion Cove Point LNG,LP has applied, concurrently, to the Corps 
for a Department of the Army Individual permit pursuant to Section 404 
of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers 
and Harbors Act of 1899 (33 U.S.C. 403) for proposed structures in and 
under navigable waters and the discharge of dredged, excavated, and/or 
fill material into waters of the United States, including wetlands to 
construct the preferred alternative identified in the draft EIS. The 
decision whether to issue the permits will be based on an evaluation of 
the probable impacts, including cumulative impacts, of the proposed 
projects on the public interest. The decision will reflect the national 
concern for the protection and utilization of important resources. The 
benefits, which would be reasonably expected to accrue from the 
proposed projects, must be balanced against its reasonably foreseeable 
detriments. All factors, which may be relevant to the proposed work, 
will be considered, including the cumulative effects thereof; among 
those are conservation, economics, aesthetics, general environmental 
concerns, wetlands, cultural values, fish and wildlife values, flood 
hazards, floodplain values, land use, navigation, shore erosion and 
accretion, recreation, water supply, and conservation, water quality, 
energy needs, safety, food and fiber production, consideration of 
property ownership, and in general, the needs and welfare of the 
people. The Corps is soliciting comments from the public; Federal, 
State, and local agencies and officials; Indian tribes; and other 
interested parties in order to consider and evaluate the impacts of the 
proposed project. Any comments received will be considered by the Corps 
to determine whether to issue, modify, condition or deny a permit for 
the proposal. To make this decision, the Corps uses comments received 
to access impacts on endangered species, historic properties, water 
quality, general environmental effects, and the other public interest 
factors listed above.
    The evaluation of the impact of the work described above on the 
public interest will also include application, by the Corps, of the 
guidelines [Section 404(b)(1)] promulgated by the Administrator, U.S. 
Environmental Protection Agency, under authority of Section 404 of the 
Clean Water Act.
    For Corps permitting purposes, if applicable, the applicant is 
required to obtain a Water Quality Certification in accordance with 
Section 401 of the Clean Water Act from the Maryland Department of the 
Environment (MDE), the Pennsylvania Department of Environmental 
Protection, and the State of West Virginia Division of Environmental 
Protection. The Section 401 certifying agencies have a statutory limit 
of one year in which to make their

[[Page 67160]]

decisions. Additionally, for Corps permitting purposes, the applicant 
is required to obtain Coastal Zone Management Consistency concurrence 
from the MDE, as well. It should be noted that the MDE has a statutory 
limit of 6 months in which to make its consistency determination.
    Joint FERC Public Meetings/Corps Public Hearings are held to 
provide interested individuals with the opportunity to present 
information about the effects of the project, including its social, 
economic and environmental effects. These meetings/hearings provide the 
opportunity for interested parties to present views, opinions, and 
information that will be considered by the FERC and the Corps in 
evaluating the proposed project.
    The U.S. Coast Guard (Coast Guard) within the U.S. Department of 
Homeland Security is also participating as a cooperating agency in the 
preparation of the EIS because it exercises regulatory authority over 
LNG facilities that affect the safety and security of port areas and 
navigable waterways under Executive Order 10173; the Magnuson Act (50 
U.S.C. section 191); the Ports and Waterways Safety Act of 1972, as 
amended (33 U.S.C. 1221, et seq.); and the Maritime Transportation 
Security Act of 2002 (46 U.S.C. section 701). The Coast Guard also has 
authority for LNG facility plan review, approval and compliance 
verification as provided in Title 33 CFR part 105, and siting as it 
pertains to the management of vessel traffic in and around the LNG 
facility. As required by its regulations, the Coast Guard is 
responsible for issuing a Letter of Recommendation (LOR) as to the 
suitability of the waterway for LNG marine traffic. The Coast Guard 
plans to adopt the EIS if it adequately covers the impacts associated 
with issuance of the LOR.

Comment Procedures and FERC Public Meetings/Corps Public Hearings

    Any person wishing to comment on the draft EIS may do so. To ensure 
consideration prior to a Commission decision on the proposal, it is 
important that we receive your comments before the date specified 
below. Please carefully follow these instructions to ensure that your 
comments are received and properly recorded:
     Send an original and two copies of your comments to: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Room 1A, Washington, DC 20426.
     Reference Docket Nos. CP05-130-000, CP05-131-000, and 
CP05-132-000.
     Label one copy of the comments for the attention of the 
Gas Branch 1.
     Mail your comments so that they will be received in 
Washington, DC on or before December 21, 2005.
    Please note that the Commission strongly encourages electronic 
filing of any comments or interventions 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 by clicking on ``Login to File'' and 
then ``New User Account.''
    The Corps public hearings provide members of the public the 
opportunity to present views, opinions, and information which will be 
considered by the Corps in evaluating the Department of the Army 
permit. All comments received will become part of the formal project 
record.
    Copies of any written statements expressing concern for aquatic 
resources may be submitted to: Mrs. Kathy Anderson, Corps of Engineers, 
CENAB-OP-RMS, P.O. Box 1715, Baltimore, Maryland 21203-1715.
    The Corps public hearing comment period closes on December 21, 
2005.
    In addition to or in lieu of sending written comments, we invite 
you to attend one of the FERC public meetings/Corps public hearings we 
have scheduled as follows:

Wednesday, December 7, 2005: 7 p.m. (EST), Old Courthouse, 1 Market 
Street, Lewistown, PA 17044. (717) 248-6733.
Thursday, December 8, 2005: 7 p.m. (EST), Penn Stater Conference Center 
Hotel, 215 Innovation Boulevard, State College, PA 16803. (814) 863-
5000.
Wednesday, December 7, 2005: 7 p.m. (EST), Holiday Inn--Solomons, 155 
Holiday Drive, Solomons, MD 20688. (410) 326-6311.
Thursday, December 8, 2005: 7 p.m. (EST), Holiday Inn--Waldorf, U.S. 
301 and St. Patrick's Drive, Waldorf, MD 20603. (301) 645-8200.
    Interested groups and individuals are encouraged to attend and 
present oral comments on the draft EIS. Transcripts of the meetings 
will be prepared.
    After these comments are reviewed, any significant new issues are 
investigated, and modifications are made to the draft EIS, a final EIS 
will be published and distributed by the staff. The final EIS will 
contain the staff's responses to timely comments received on the draft 
EIS.
    Comments will be considered by the Commission but will not serve to 
make the commentor a party to the proceeding. Any person seeking to 
become a party to the proceeding must file a motion to intervene 
pursuant to Rule 214 of the Commission's Rules of Practice and 
Procedures (18 CFR 385.214). Anyone may intervene in this proceeding 
based on this draft EIS. You must file your request to intervene as 
specified above.\1\ You do not need intervenor status to have your 
comments considered.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
---------------------------------------------------------------------------

    The draft EIS has been placed in the public files of the FERC and 
is available for distribution and public inspection at: Federal Energy 
Regulatory Commission, Public Reference Room, 888 First Street, NE., 
Room 2A, Washington, DC 20426, (202) 208-1371.
    Hard-copies of the draft EIS have been mailed to Federal, State, 
and local agencies; public interest groups; individuals and affected 
landowners who requested a copy of the draft EIS or provided comments 
during scoping; libraries; newspapers; and parties to this proceeding. 
In the alternate, those persons or organizations who were identified as 
potential stakeholders on this environmental mailing list are receiving 
an Executive Summary document and a full version of the draft EIS on 
CD-ROM. A limited number of documents and CD-ROMs are available from 
the Public Reference Room identified above. In addition, hard-copies of 
the document are also available for reading at public libraries along 
the proposed project route.
    To reduce printing and mailing costs the final EIS will be issued 
in both CD-ROM and hard-copy formats. In a separate mailing, the 
parties on the current mailing list for the draft EIS will be sent a 
postcard providing an opportunity for them to select which format of 
the final EIS they wish to receive. The FERC strongly encourages the 
use of the CD-ROM format in its publication of large documents. If you 
wish to receive a paper copy of the final EIS instead of a CD-ROM, you 
must return the postcard indicating that choice.
    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 (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

[[Page 67161]]

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 on the FERC Internet Web site 
Folialso 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 the eSubscription link on the FERC Internet Web 
site.
    It is requested that you communicate the foregoing information 
concerning the proposed work to any persons known by you to be 
interested and not being known to this office, who did not receive a 
copy of this notice.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6116 Filed 11-3-05; 8:45 am]
BILLING CODE 6717-01-P