[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]               
[Page 56813-56815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se08-46]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-462-000]

 
Algonquin Gas Transmission, L.L.C.; Notice of Intent To Prepare 
an Environmental Assessment for the Proposed Kleen Energy Lateral 
Project and Request for Comments on Environmental Issues

September 23, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the potential environmental impacts of the Kleen Energy Lateral 
Project involving the construction of approximately 1.13 miles of 20-
inch-diameter natural gas transmission pipeline by Algonquin Gas 
Transmission, L.L.C. (AGT) in Middletown, Connecticut. 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 October 23, 2008. Details on how to submit comments are 
provided in the ``Public Participation'' section of this notice.
    This notice is being sent to affected landowners; federal, state, 
and local government representatives and 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.
    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. 
AGT would seek to negotiate a mutually acceptable

[[Page 56814]]

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, AGT 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).

Summary of the Proposed Project

    AGT proposes to construct its 1.13-mile-long, 20-inch-diameter 
Kleen Energy Lateral in the area of Middlesex County, Connecticut. AGT 
would also construct one metering station and related ancillary 
facilities. The project would provide up to 131,000 dekatherms per day 
of firm natural gas transportation service to the Kleen Energy Power 
Plant, a proposed 620-megawatt natural gas-fired power plant to be 
constructed by Kleen Energy in the City of Middletown, Connecticut. The 
lateral pipeline would begin at an interconnect with AGT's existing W-
System pipeline at the NRG Power Plant Facility and terminate at the 
proposed meter station in the vicinity of the proposed power plant.
    Construction and operation of the proposed project would affect 
about 18.6 acres, including the pipeline (4.3 acres), meter station 
(0.9 acre), temporary workspaces (11.6 acres), and access roads (1.8 
acres). The proposed project is primarily located within an existing 
paved roadway. The meter station would be located immediately adjacent 
to the proposed Kleen Energy Power Plant. AGT would require one new 
access road to access the proposed meter station. Another existing road 
(located at the Middletown Power Plant) would be used for site access 
during construction and operation.
    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 of all appendices 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 ``Additional Information'' 
section 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 AGT.
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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 AGT'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 will be 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
     Land use and visual quality
     Cultural resources
     Vegetation 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, where necessary, and make recommendations 
on how to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be presented 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, 
local libraries and newspapers, 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 received and 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 Kleen Energy Lateral Project. Your 
comments should focus on the potential environmental effects of the 
proposal, reasonable alternatives, and measures to avoid or lessen the 
environmental impacts. The more specific your comments, the more useful 
they will be. To ensure that your comments are timely and properly 
recorded, please send in your comments so that they will be received in 
Washington, DC on or before October 23, 2008.
    For your convenience, there are three methods which you can use to 
submit your comments to the Commission. In all instances please 
reference the project docket number with your submission. The docket 
number can be found on the front of this notice. The Commission 
encourages electronic filing of comments and has dedicated eFiling 
expert staff available to assist you at (202) 502-8258 or 
eFiling@ferc.gov.
    (1) You may file your comments electronically by using the Quick 
Comment feature, which is located on the Commission's internet Web site 
at http://www.ferc.gov under the link to Documents and Filings. A Quick 
Comment is an easy method for interested persons to submit text-only 
comments on a project.
    (2) You may file your comments electronically by using the eFiling 
feature, which is located on the Commission's internet Web site at 
http://www.ferc.gov under the link to Documents and Filings. eFiling 
involves preparing your submission in the same manner as you would if 
filing on paper, and then saving the file on your computer's hard 
drive. You will attach that file as your submission. New eFiling users 
must first create an account by clicking on ``Sign up'' or 
``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.''
    (3) You may file your comments via mail to the Commission by 
sending an original and two copies of your letter to: Kimberly D. Bose, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Room 1A, Washington, DC 20426.
    Label one copy of the comments for the attention of Gas Branch 1, 
PJ11.1.

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.''

[[Page 56815]]

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.

Environmental Mailing List

    As described above, we may publish and distribute the EA for 
comment. If you are interested in receiving an EA for review and/or 
comment, please return the Environmental Mailing List Form (appendix 
3). If you do not return the Environmental Mailing List Form, you will 
be taken off the mailing list. All individuals who provide written 
comments will remain on our environmental mailing list for this 
project.

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, then 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 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, any public meetings or site visits scheduled for this 
project will be posted on the Commission's calendar at http://
www.ferc.gov/EventCalendar/EventsList.aspx along with other related 
information. You can also request additional information by calling AGT 
at (713) 627-5053.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-22868 Filed 9-29-08; 8:45 am]

BILLING CODE 6717-01-P