81 FR 89450 - Record of Decision for Issuing a Presidential Permit to Transmission Developers, Inc.-New England, for the New England Clean Power Link Transmission Line Project
DEPARTMENT OF ENERGY Federal Register Volume 81, Issue 238 (December 12, 2016)
Federal Register Volume 81, Issue 238 (December 12, 2016)
| Page Range | 89450-89453 | |
| FR Document | 2016-29700 |
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)] [Notices] [Pages 89450-89453] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29700] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [OE Docket No. PP 400] Record of Decision for Issuing a Presidential Permit to Transmission Developers, Inc.--New England, for the New England Clean Power Link Transmission Line Project AGENCY: Office of Electricity Delivery and Energy Reliability, U.S. Department of Energy. ACTION: Record of decision. ----------------------------------------------------------------------- SUMMARY: The Department of Energy (DOE) announces its decision to issue a Presidential permit to Champlain VT, LLC, d/b/a Transmission Developers, Inc.--New England (TDI-NE), to construct, operate, maintain, and connect an electric transmission line across the U.S./ Canada international border in northern Vermont. The potential environmental impacts associated with the transmission line are analyzed in the New England Clean Power Link (NECPL) Project Final Environmental Impact Statement (DOE/EIS-0503). As proposed, the NECPL Transmission Line would extend south from the U.S./Canada international border approximately 154 miles to a new converter station in Ludlow, Vermont and the existing Coolidge Substation in the towns of Ludlow and Cavendish, Vermont. ADDRESSES: The Final Environmental Impact Statement (EIS) and this Record of Decision (ROD) are available on the DOE National Environmental Policy Act (NEPA) Web site at http://nepa.energy.gov/ and on the NECPL Project EIS Web site at http://necplinkeis.com. Copies of the Final EIS and ROD are also available for review on the NECPL Project EIS Web site. Copies of the Final EIS and this ROD may be requested by contacting Mr. Brian Mills, Office of Electricity Delivery and Energy Reliability (OE-20), U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585; phone 202-586-8267; email [email protected]. FOR FURTHER INFORMATION CONTACT: For further information on the NECPL Project EIS, contact Mr. Brian Mills as indicated in the ADDRESSES section above. For general information on the DOE NEPA process, contact Carol Borgstrom, Director, Office of NEPA Policy and Compliance (GC- 54), U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585; email [email protected]; or facsimile to 202- 586-7031. SUPPLEMENTARY INFORMATION: Background Executive Order (EO) 10485 (September 9, 1953), as amended by EO 12038 (February 7, 1978), requires that a Presidential permit be issued by DOE before electricity transmission facilities may be constructed, operated, maintained, or connected at the U.S. border. DOE may issue or amend a permit if it determines that the permit is in the public interest and after obtaining favorable recommendations from the U.S. Departments of State and Defense. In determining whether issuance of a permit for a proposed action is in the public interest, DOE considers the potential environmental impacts of the proposed project, the project's impact on electricity reliability by ascertaining whether the proposed project would adversely affect the operation of the U.S. electric power supply system under normal and contingency conditions, and any other factors that DOE considers relevant to the public interest. On June 23, 2014, TDI-NE applied to DOE for a Presidential permit to construct, operate, maintain, and connect a high-voltage direct current (HVDC) transmission line across the U.S./Canada international border. The proposed transmission line would be capable of transmitting up to 1,000 megawatts (MW) of electricity. The line would extend south from the U.S./Canada international border approximately 154 miles. The transmission line would be located underground in Alburgh, Vermont, for approximately 0.5 miles and would enter Lake Champlain. The cables would then be installed in Lake Champlain, primarily buried in sediments, for 97.6 miles in a southern direction. The cables would emerge from Lake Champlain in the town of Benson, Vermont, and would be buried primarily along town roads and state highway rights-of-way for approximately 55.7 miles in a south- [[Page 89451]] easterly direction until terminating at a proposed converter station in Ludlow, Vermont. The alternating current (AC) system would run approximately 0.3 miles from the converter station in Ludlow to the Coolidge Substation located in the towns of Ludlow and Cavendish, Vermont. Consultation Pursuant to Section 7 of the Endangered Species Act, DOE has consulted with the U.S. Fish and Wildlife Service (USFWS) regarding the potential impacts on federally listed threatened or endangered species in the area of the proposed NECPL Project, and DOE has prepared a Biological Assessment (BA). The USFWS concurred on December 1, 2015, with DOE's determination that the project would not adversely impact the Indiana bat and the northern long eared bat. DOE and the Vermont State Historic Preservation Officer (VTSHPO) consulted under Section 106 of the National Historic Preservation Act and signed a Programmatic Agreement (PA) regarding historic properties in October 2015. The PA requires TDI-NE to prepare a Cultural Resources Management Plan, which will meet the survey, data collection and mitigation measures necessary as identified by the VTSHPO. Documents associated with both these consultations are available on the NECPL Project EIS Web site at http://necplinkeis.com. NEPA Review On August 26, 2014, DOE issued a Notice of Intent (79 FR 50901) to prepare an EIS for the NECPL Project and conduct public scoping. On June 12, 2015, the U.S. Environmental Protection Agency (EPA) published a Notice of Availability (NOA) of the Draft EIS (80 FR 33519), that began a 60-day public review period. DOE held two public hearings on the Draft EIS in Burlington and Rutland, Vermont, and received no oral comments on the Draft EIS. Throughout the EIS process, DOE worked with the cooperating agencies to ensure that impacts will be appropriately addressed. DOE considered all comments received on the Draft EIS in the preparation of the Final EIS. The comments received and DOE's responses are contained in Appendix M of the Final EIS. DOE issued the Final EIS in October 2015. On November 6, 2015, the U.S. EPA published a NOA of the Final EIS (80 FR 68868). The U.S. EPA Region 1 (USEPA), the New England District of the U.S. Army Corps of Engineers (USACE), and the U.S. Coast Guard (USCG) participated as cooperating agencies in the preparation of the EIS. Alternatives Considered In the EIS, DOE analyzed the No Action Alternative and the Proposed Action of granting the Presidential permit for the construction, operation, maintenance, and connection of the proposed NECPL Project facilities. Under the No Action Alternative, DOE would not issue a Presidential permit for the proposed NECPL Project and the transmission line would not be built. Under the Proposed Action of granting the Presidential permit (the DOE Preferred Alternative), the transmission line would be constructed from the U.S./Canada international border to the new converter station in Ludlow, Vermont and the existing Coolidge Substation in the towns of Ludlow and Cavendish, Vermont. Analysis of Environmental Impacts The EIS analyzes potential environmental impacts associated with the alternatives for each of the following resource areas: Land use, transportation and traffic, water resources and quality, aquatic and terrestrial habitats and species, aquatic and terrestrial protected and sensitive species, wetlands, geology and soils, cultural resources, infrastructure, recreation, public health and safety, hazardous materials and wastes, air quality, noise, socioeconomics, environmental justice, and cumulative impacts. This analysis assumes the implementation of all TDI-NE-proposed measures to avoid or minimize adverse impacts (Section 5 and Appendix G of the EIS). The potential impacts of the Proposed Action would be predominantly associated with construction activities and would generally have either no effect (e.g., on infrastructure) or minor, temporary, and/or short-term impacts (e.g., on water quality and recreation). In the floodplain analysis contained in Sections 5.1.3 and 5.2.3 of the EIS, DOE concluded that the proposed NECPL Project would avoid floodplains to the maximum extent practicable, and that appropriate measures to minimize potential harm to or within the floodplains would be taken. The Vermont Secretary of Natural Resources issued a Flood Hazard Area & River Corridor Individual Permit to TDI-NE on November 24, 2015. This permit is available under Public Documents on the NECPL Project EIS Web site at http://necplinkeis.com. Implementation of the No Action Alternative would not result in changes to existing conditions in these resource areas and is, therefore, the environmentally preferable alternative. Comments Received on the Final EIS EPA provided comments on the Final EIS to DOE on December 4, 2015. EPA noted that earlier comments on the Draft EIS focused on impacts during construction, operation and maintenance of the project to wetlands, water quality, drinking water, environmental justice, and air quality and that the Final EIS addressed many of their environmental concerns. The EPA provided additional comments on ``areas where more could be done to characterize and address project impacts.'' The comments, and DOE's responses, are discussed herein. EPA referred to its comments on the Draft EIS regarding DOE's purpose and need and stated that ``an analysis of a broader set of alternatives would have improved the environmental review process'' for the NECPL Project. DOE reiterates that its role is limited to deciding whether the issuance of a Presidential permit is in the public interest, and that the purpose and need is to respond to the applicant's request for a Presidential permit. EPA expressed support for the overland routing approach for the project adjacent to and within existing transportation corridor right- of-way, and added that proper mitigation to address impacts from project construction and operation would be an important part of the project design. In regard to the segment within Lake Champlain, EPA observed that the project ``appears to be designed to avoid impacts to shallow water areas'' and expressed support for the use of horizontal directional drilling to achieve that objective. Regarding water supply and water resources, EPA recommended that any future maps of the project mark the location of the ten surface water systems, nine groundwater systems, and four private wells in the vicinity of the project. DOE notes that the locations of the public water supply system sources (lake intakes and groundwater wells) and associated Source Protection Areas are depicted on the Natural Resource and Public Water Supply Map Series (December 2, 2014) that is available at www.necplink.com. TDI-NE intends to add the locations of the ten surface water systems and nine groundwater systems to the issued-for- construction drawings. Mapping of these features is intended as a precautionary measure and would not imply that construction activities would have an impact on these features. Also, EPA pointed out that the Final EIS indicates that the ``deep intake of one supplier (Grand Isle [[Page 89452]] Consolidated Water District [GICWD]) is within one hundred feet of the project.'' DOE notes that more recent information on intake locations from the Applicant indicates that the GICWD's deep intake is over 300 feet from the NECPL Project alignment. EPA commented that the Final EIS does not describe how the proposed project would meet state regulations and any state guidance for protection of surface and groundwater drinking supplies and recommends that DOE provide this information before the close of the NEPA process. EPA encourages DOE to underscore the importance that TDI-NE consider all state and local land use restrictions designed to protect water supplies. DOE notes that oversight of public water systems is managed by ``primacy'' agencies, which are either state government agencies or EPA regional offices. The State of Vermont received primacy approval from EPA to supervise the public water systems in its jurisdiction. TDI-NE received a 401 Water Quality Certificate from the State of Vermont on November 24, 2015. The Vermont Agency for Natural Resources (VT ANR) considered the potential impact of the project on groundwater, in accordance with Section 1-04(A)(2) of the Vermont Water Quality Standards (CVR-12-030-025), and associated Anti-degradation Implementation Procedure. TDI-NE also prepared an Overall Oil and Hazardous Materials Spill Prevention and Contingency Plan for the NECPL Project. EPA commented that TDI-NE should provide real-time turbidity data to water suppliers that draw water from Lake Champlain to inform water treatment decisions. EPA recommended that DOE include in the ROD a specific requirement that TDI-NE provide water suppliers this notification. DOE notes that TDI-NE will be required by its permit from the Vermont Public Service Board to notify public water systems, which would involve notifying all ten public water systems with lake intakes near the project in writing at least three weeks prior to construction. The notification would include detailed information regarding the Project schedule, methods, and predicted effects (if any) to sediment and turbidity. Also, the public water systems monitor turbidity in real time at their own intakes already, as required by permits issued by VT ANR. EPA also recommended to DOE that TDI-NE provide construction management plans to water suppliers prior to construction. TDI-NE will be required by state permit to notify water suppliers in advance of construction and to provide details on the construction process and contact information. Regarding spill notification, TDI-NE would comply with all applicable state and federal laws and would request approval of the Oil and Hazardous Materials Spill Prevention and Contingency Plan from the VT ANR at least 90 days prior to construction. Regarding sediments and water quality, EPA recommended that town and state culverts be replaced whenever necessary to avoid or minimize any negative environmental impacts. DOE notes that TDI-NE received a stream alternation permit from the VT ANR on November 24, 2015. Specific techniques for crossing all regulated streams were approved after consultation with VT ANR, local towns, and the Vermont Agency of Transportation (VTrans). In a limited number of circumstances, the replacement of a culvert may be necessary due to the size or condition of the culvert. For the majority of streams that are crossed, the culverts would either not be impacted by the project or the need for replacement would be assessed during construction. The specific design at each stream crossing would ensure that the cable is buried at a sufficient depth below each stream's stable longitudinal profile to allow the culverts to be replaced by appropriately-sized structures in the future without needing to disturb the cable. This additional burial depth would help avoid and minimize future negative environmental impacts that would occur when these structures are replaced. EPA also recommended that TDI-NE commit to compliance with Vermont road and bridge standards during roadside ditch construction. TDI-NE made such commitments in their agreements with VTrans and the Towns of Alburgh, Benson and Ludlow. These commitments can be viewed on TDI-NE's project Web site at www.necplink.com. EPA commented that DOE should require TDI-NE to consult with the Lake Champlain Basin Project (LCBP) on the issue of invasive species prior to project construction. TDI-NE would be subject to State of Vermont stipulations related to invasive species, which are documented in the Section 401 Water Quality Certificate, Lake Encroachment Permits, and Vermont Wetlands Permits issued by the VT ANR. For the Lake segment, TDI-NE would: Prior to placing any equipment (e.g., boat, trailer, vehicle, or gear) that has been in or on any other waterbody other than Lake Champlain into public waters for Project construction or related to Project operation, the Permittee shall inspect and decontaminate the equipment in accordance with the ``Aquatic Invasive Species Management and Control Plan, for the New England Clean Power Link HVDC Transmission Project.'' DOE notes that TDI-NE consulted with the LCBP staff during the development of the NECPL Project, as well as with parties staffing a similar program in New York. TDI-NE's Invasive Species Management Plan is based on a guidance document that was developed in cooperation with the LCBP and was reviewed and approved by the VT ANR. Regarding the overland segment of the NECPL Project, TDI-NE is obligated to comply with a Vegetation Management Plan which details the plan for managing, monitoring and controlling non-native invasive species along the project corridor. Monitoring of invasive species per this plan would be required for three years after construction. In regard to greenhouse gas (GHG) emissions and climate change, EPA commented that it was inappropriate for DOE to compare Project emissions to global levels in Section 5 of the Final EIS. DOE notes that the Final EIS concludes that GHG emissions from construction and operation of the project would be small in comparison to total annual emissions for the state. Moreover, the Final EIS explains that operation of the Project would be expected to offset the need for other sources of electricity, including those with higher levels of GHG emissions. As such, the proposed project could contribute positively to Vermont achieving its GHG reduction goals. EPA stated that DOE should recommend that TDI-NE ensure that specific detailed mitigation measures are implemented during construction to help reduce and minimize air quality impacts from the construction phase of the project. The Presidential permit will include conditions requiring TDI-NE to implement mitigation measures in the Final EIS including those related to local air emissions during construction of the project. EPA also commented that DOE could have improved the Final EIS by discussing the emissions profile of the electricity to be imported with that of the ``electricity it would likely displace from the New England Power grid.'' EPA recommends that DOE use tools on the Council of Environmental Quality's NEPA.gov Web site. DOE notes that it consulted directly with EPA staff on the Motor Vehicle Emission Simulator (MOVES) program to quantify GHG emissions and associated effects and [[Page 89453]] presented the analysis in Section 5 and Appendix K of the Final EIS. EPA also commented that the Final EIS could have been ``improved with a discussion of the environmental effects that would be avoided through potential reductions in the need to operate power plants with significant cooling water needs.'' DOE notes that such a discussion might be beneficial but would be premised on substantial uncertainty. In regard to environmental justice, EPA acknowledged that analysis in the Final EIS identifies low-income populations and minority populations at the census tract level but commented that it ``does not differentiate between the overland and lake segments.'' EPA further commented that, ``This is significant in that populations likely to be affected by the project will be in the overland section, and the proximity of the project to those populations would be useful to examine.'' DOE notes that its analysis did include potential impacts to low-income populations and minority populations in communities throughout the potentially affected area. EPA also recommended that DOE and TDI-NE conduct public outreach during the construction phase of the project to keep environmental justice populations informed about the project's progress and potential impacts, even those anticipated to be minor in nature. DOE notes that in addition to the four public meetings held during DOE's NEPA process, TDI-NE conducted comprehensive outreach throughout the development of the project using town offices, Front Porch Forums, and targeted letters to landowners in the vicinity of the project route to communicate project information. TDI-NE conducted six local open house meetings in several communities along the project route. TDI-NE plans to continue to use these forums to communicate with local citizens along the project route. The construction phase of the NECPL project including stipulations, mitigation measures, and public outreach efforts, would be under the jurisdiction of the USACE, VT-ANR, VTrans, the VT Public Service Board, and the Towns of Alburgh, Benson and Ludlow. Decision DOE has decided to issue Presidential Permit PP-400 to authorize TDI-NE to construct, operate, maintain, and connect a 1,000-MW HVDC transmission line across the U.S./Canada international border. The permit will include a condition requiring TDI-NE to implement the Applicant-proposed avoidance and minimization measures identified in the EIS. Basis for Decision DOE's decision to grant this Presidential permit is based on consideration of environmental impacts, impacts on the reliability of the U.S. electric power supply system under normal and contingency conditions, and the favorable recommendations of the U.S. Departments of State and Defense (which were provided, respectively, in July and August of 2015). DOE determined that the proposed international electric transmission line would not have an adverse impact on the reliability of the U.S. electric power supply system. In reaching this determination, DOE reviewed the System Impact Study produced by the Independent System Operator New England Inc. (ISO-NE) in October 2016 and a November 1, 2016, letter from ISO-NE. Based on the information available, DOE staff has determined that the 1000 MW of incremental north-to-south transfer, which represents south-bound transmission service requests from Quebec to the United States, will not have a negative impact on the reliability of the United States electric grid if operated consistent with both ISO-New England and North American Electric Reliability Corporation policies and standards, terms and conditions of the Presidential Permit and other regulatory and statutory requirements. Neither DOE nor ISO-NE has studied a south-to- north transfer, so the permit does not authorize such a transfer. Mitigation All practicable means to avoid or minimize environmental harm from the alternative selected have been, or will be, adopted. TDI-NE's proposed measures to avoid and minimize adverse impacts are described in the EIS, the BA, and the PA. TDI-NE will be responsible for implementing these avoidance and minimization measures. Additional measures will be required as a result of ongoing consultations (e.g., regarding Clean Water Act Section 404, the Cultural Resources Management Plan) between TDI-NE and state and federal agencies as part of approval and permitting processes. Issued in Washington, DC, on December 5, 2016. Meghan Conklin, Deputy Assistant Secretary, Office of Electricity Delivery and Energy Reliability. [FR Doc. 2016-29700 Filed 12-9-16; 8:45 am] BILLING CODE 6450-01-P
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the President’s scheduling convenience Meeting Accommodations: Washington, DC 20585; phone 202–586–
and to maintain Secret Service Individuals requiring special 8267; email Brian.Mills@hq.doe.gov.
protection. This meeting will be closed accommodation to access this public FOR FURTHER INFORMATION CONTACT: For
to the public because such portion of meeting should contact Ms. Jennifer further information on the NECPL
the meeting is likely to disclose matters Michael at least ten business days prior Project EIS, contact Mr. Brian Mills as
that are to be kept secret in the interest to the meeting so that appropriate indicated in the ADDRESSES section
of national defense or foreign policy arrangements can be made. above. For general information on the
under 5 U.S.C. 552b(c)(1). Issued in Washington, DC, on December 6, DOE NEPA process, contact Carol
Public Comments: It is the policy of 2016. Borgstrom, Director, Office of NEPA
the PCAST to accept written public LaTanya R. Butler, Policy and Compliance (GC–54), U.S.
comments of any length, and to Deputy Committee Management Officer. Department of Energy, 1000
accommodate oral public comments Independence Avenue SW.,
[FR Doc. 2016–29657 Filed 12–9–16; 8:45 am]
whenever possible. The PCAST expects Washington, DC 20585; email
BILLING CODE 6450–01–P
that public statements presented at its askNEPA@hq.doe.gov; or facsimile to
meetings will not be repetitive of 202–586–7031.
previously submitted oral or written DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION:
statements.
The public comment period for this [OE Docket No. PP 400] Background
meeting will take place on January 6, Executive Order (EO) 10485
2017 at a time specified in the meeting Record of Decision for Issuing a
(September 9, 1953), as amended by EO
agenda posted on the PCAST Web site Presidential Permit to Transmission
12038 (February 7, 1978), requires that
at http://whitehouse.gov/ostp/pcast. Developers, Inc.—New England, for the
a Presidential permit be issued by DOE
This public comment period is designed New England Clean Power Link
before electricity transmission facilities
only for substantive commentary on Transmission Line Project
may be constructed, operated,
PCAST’s work, not for business AGENCY: Office of Electricity Delivery maintained, or connected at the U.S.
marketing purposes. and Energy Reliability, U.S. Department border. DOE may issue or amend a
Oral Comments: To be considered for of Energy. permit if it determines that the permit
the public speaker list at the meeting, ACTION: Record of decision. is in the public interest and after
interested parties should register to obtaining favorable recommendations
speak at http://whitehouse.gov/ostp/ SUMMARY: The Department of Energy from the U.S. Departments of State and
pcast, no later than 9:00 a.m. (Eastern (DOE) announces its decision to issue a Defense. In determining whether
Time) on December 30, 2016. Phone or Presidential permit to Champlain VT, issuance of a permit for a proposed
email reservations will not be accepted. LLC, d/b/a Transmission Developers, action is in the public interest, DOE
To accommodate as many speakers as Inc.—New England (TDI–NE), to considers the potential environmental
possible, the time for public comments construct, operate, maintain, and impacts of the proposed project, the
will be limited to two (2) minutes per connect an electric transmission line project’s impact on electricity reliability
person, with a total public comment across the U.S./Canada international by ascertaining whether the proposed
period of up to 15 minutes. If more border in northern Vermont. The project would adversely affect the
speakers register than there is space potential environmental impacts operation of the U.S. electric power
available on the agenda, PCAST will associated with the transmission line supply system under normal and
randomly select speakers from among are analyzed in the New England Clean contingency conditions, and any other
those who applied. Those not selected Power Link (NECPL) Project Final factors that DOE considers relevant to
to present oral comments may always Environmental Impact Statement (DOE/ the public interest.
file written comments with the EIS–0503). On June 23, 2014, TDI–NE applied to
committee. Speakers are requested to As proposed, the NECPL DOE for a Presidential permit to
bring at least 25 copies of their oral Transmission Line would extend south construct, operate, maintain, and
comments for distribution to the PCAST from the U.S./Canada international connect a high-voltage direct current
members. border approximately 154 miles to a (HVDC) transmission line across the
Written Comments: Although written new converter station in Ludlow, U.S./Canada international border. The
comments are accepted continuously, Vermont and the existing Coolidge proposed transmission line would be
written comments should be submitted Substation in the towns of Ludlow and capable of transmitting up to 1,000
to PCAST no later than 12:00 p.m. Cavendish, Vermont. megawatts (MW) of electricity. The line
(Eastern Time) on December 30, 2016 so ADDRESSES: The Final Environmental would extend south from the U.S./
that the comments may be made Impact Statement (EIS) and this Record Canada international border
available to the PCAST members prior of Decision (ROD) are available on the approximately 154 miles. The
to this meeting for their consideration. DOE National Environmental Policy Act transmission line would be located
Information regarding how to submit (NEPA) Web site at http:// underground in Alburgh, Vermont, for
comments and documents to PCAST is nepa.energy.gov/ and on the NECPL approximately 0.5 miles and would
available at http://whitehouse.gov/ostp/ Project EIS Web site at http:// enter Lake Champlain. The cables
pcast in the section entitled ‘‘Connect necplinkeis.com. Copies of the Final EIS would then be installed in Lake
with PCAST.’’ and ROD are also available for review Champlain, primarily buried in
mstockstill on DSK3G9T082PROD with NOTICES
Please note that because PCAST on the NECPL Project EIS Web site. sediments, for 97.6 miles in a southern
operates under the provisions of FACA, Copies of the Final EIS and this ROD direction. The cables would emerge
all public comments and/or may be requested by contacting Mr. from Lake Champlain in the town of
presentations will be treated as public Brian Mills, Office of Electricity Benson, Vermont, and would be buried
documents and will be made available Delivery and Energy Reliability (OE–20), primarily along town roads and state
for public inspection, including being U.S. Department of Energy, 1000 highway rights-of-way for
posted on the PCAST Web site. Independence Avenue SW., approximately 55.7 miles in a south-
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Consolidated Water District [GICWD]) is and to provide details on the the Permittee shall inspect and
within one hundred feet of the project.’’ construction process and contact decontaminate the equipment in accordance
DOE notes that more recent information information. Regarding spill with the ‘‘Aquatic Invasive Species
on intake locations from the Applicant notification, TDI–NE would comply Management and Control Plan, for the New
England Clean Power Link HVDC
indicates that the GICWD’s deep intake with all applicable state and federal Transmission Project.’’
is over 300 feet from the NECPL Project laws and would request approval of the
alignment. Oil and Hazardous Materials Spill DOE notes that TDI–NE consulted
EPA commented that the Final EIS Prevention and Contingency Plan from with the LCBP staff during the
does not describe how the proposed the VT ANR at least 90 days prior to development of the NECPL Project, as
project would meet state regulations and construction. well as with parties staffing a similar
any state guidance for protection of Regarding sediments and water program in New York. TDI–NE’s
surface and groundwater drinking quality, EPA recommended that town Invasive Species Management Plan is
supplies and recommends that DOE and state culverts be replaced whenever based on a guidance document that was
provide this information before the necessary to avoid or minimize any developed in cooperation with the LCBP
close of the NEPA process. EPA negative environmental impacts. DOE and was reviewed and approved by the
encourages DOE to underscore the notes that TDI–NE received a stream VT ANR.
importance that TDI–NE consider all alternation permit from the VT ANR on Regarding the overland segment of the
state and local land use restrictions November 24, 2015. Specific techniques NECPL Project, TDI–NE is obligated to
designed to protect water supplies. DOE for crossing all regulated streams were comply with a Vegetation Management
notes that oversight of public water approved after consultation with VT Plan which details the plan for
systems is managed by ‘‘primacy’’ ANR, local towns, and the Vermont managing, monitoring and controlling
agencies, which are either state Agency of Transportation (VTrans). In a non-native invasive species along the
government agencies or EPA regional limited number of circumstances, the project corridor. Monitoring of invasive
offices. The State of Vermont received replacement of a culvert may be species per this plan would be required
primacy approval from EPA to supervise necessary due to the size or condition of for three years after construction.
the public water systems in its the culvert. For the majority of streams In regard to greenhouse gas (GHG)
jurisdiction. TDI–NE received a 401 that are crossed, the culverts would emissions and climate change, EPA
Water Quality Certificate from the State either not be impacted by the project or commented that it was inappropriate for
of Vermont on November 24, 2015. The the need for replacement would be DOE to compare Project emissions to
Vermont Agency for Natural Resources assessed during construction. The
global levels in Section 5 of the Final
(VT ANR) considered the potential specific design at each stream crossing
EIS. DOE notes that the Final EIS
impact of the project on groundwater, in would ensure that the cable is buried at
concludes that GHG emissions from
accordance with Section 1–04(A)(2) of a sufficient depth below each stream’s
construction and operation of the
the Vermont Water Quality Standards stable longitudinal profile to allow the
project would be small in comparison to
(CVR–12–030–025), and associated culverts to be replaced by appropriately-
total annual emissions for the state.
Anti-degradation Implementation sized structures in the future without
Moreover, the Final EIS explains that
Procedure. TDI–NE also prepared an needing to disturb the cable. This
operation of the Project would be
Overall Oil and Hazardous Materials additional burial depth would help
expected to offset the need for other
Spill Prevention and Contingency Plan avoid and minimize future negative
for the NECPL Project. sources of electricity, including those
environmental impacts that would
EPA commented that TDI–NE should with higher levels of GHG emissions. As
occur when these structures are
provide real-time turbidity data to water such, the proposed project could
replaced.
suppliers that draw water from Lake EPA also recommended that TDI–NE contribute positively to Vermont
Champlain to inform water treatment commit to compliance with Vermont achieving its GHG reduction goals. EPA
decisions. EPA recommended that DOE road and bridge standards during stated that DOE should recommend that
include in the ROD a specific roadside ditch construction. TDI–NE TDI–NE ensure that specific detailed
requirement that TDI–NE provide water made such commitments in their mitigation measures are implemented
suppliers this notification. DOE notes agreements with VTrans and the Towns during construction to help reduce and
that TDI–NE will be required by its of Alburgh, Benson and Ludlow. These minimize air quality impacts from the
permit from the Vermont Public Service commitments can be viewed on TDI– construction phase of the project. The
Board to notify public water systems, NE’s project Web site at Presidential permit will include
which would involve notifying all ten www.necplink.com. conditions requiring TDI–NE to
public water systems with lake intakes EPA commented that DOE should implement mitigation measures in the
near the project in writing at least three require TDI–NE to consult with the Lake Final EIS including those related to
weeks prior to construction. The Champlain Basin Project (LCBP) on the local air emissions during construction
notification would include detailed issue of invasive species prior to project of the project.
information regarding the Project construction. TDI–NE would be subject EPA also commented that DOE could
schedule, methods, and predicted to State of Vermont stipulations related have improved the Final EIS by
effects (if any) to sediment and to invasive species, which are discussing the emissions profile of the
turbidity. Also, the public water systems documented in the Section 401 Water electricity to be imported with that of
monitor turbidity in real time at their Quality Certificate, Lake Encroachment the ‘‘electricity it would likely displace
own intakes already, as required by from the New England Power grid.’’
mstockstill on DSK3G9T082PROD with NOTICES
Permits, and Vermont Wetlands Permits
permits issued by VT ANR. issued by the VT ANR. For the Lake EPA recommends that DOE use tools on
EPA also recommended to DOE that segment, TDI–NE would: the Council of Environmental Quality’s
TDI–NE provide construction NEPA.gov Web site. DOE notes that it
Prior to placing any equipment (e.g., boat,
management plans to water suppliers trailer, vehicle, or gear) that has been in or consulted directly with EPA staff on the
prior to construction. TDI–NE will be on any other waterbody other than Lake Motor Vehicle Emission Simulator
required by state permit to notify water Champlain into public waters for Project (MOVES) program to quantify GHG
suppliers in advance of construction construction or related to Project operation, emissions and associated effects and
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![Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89453
presented the analysis in Section 5 and proposed avoidance and minimization DEPARTMENT OF ENERGY
Appendix K of the Final EIS. measures identified in the EIS.
EPA also commented that the Final Federal Energy Regulatory
EIS could have been ‘‘improved with a Basis for Decision Commission
discussion of the environmental effects DOE’s decision to grant this [Project No. 2242–078]
that would be avoided through potential Presidential permit is based on
reductions in the need to operate power Eugene Water and Electric Board;
consideration of environmental impacts,
plants with significant cooling water Notice of Settlement Agreement and
impacts on the reliability of the U.S.
needs.’’ DOE notes that such a Soliciting Comments
electric power supply system under
discussion might be beneficial but
normal and contingency conditions, and Take notice that the following
would be premised on substantial
the favorable recommendations of the settlement agreement has been filed
uncertainty.
In regard to environmental justice, U.S. Departments of State and Defense with the Commission and is available
EPA acknowledged that analysis in the (which were provided, respectively, in for public inspection.
Final EIS identifies low-income July and August of 2015). a. Type of Application: Settlement
populations and minority populations at DOE determined that the proposed agreement (amending settlement
the census tract level but commented international electric transmission line agreement filed October 23, 2008).
that it ‘‘does not differentiate between would not have an adverse impact on b. Project No.: 2242–078.
the overland and lake segments.’’ EPA the reliability of the U.S. electric power c. Date filed: November 30, 2016.
further commented that, ‘‘This is supply system. In reaching this d. Applicant: Eugene Water and
significant in that populations likely to determination, DOE reviewed the Electric Board.
be affected by the project will be in the System Impact Study produced by the e. Name of Project: Carmen-Smith
overland section, and the proximity of Independent System Operator New Hydroelectric Project.
the project to those populations would England Inc. (ISO–NE) in October 2016 f. Location: On the McKenzie River in
be useful to examine.’’ DOE notes that and a November 1, 2016, letter from Lane and Linn counties, near the town
its analysis did include potential ISO–NE. Based on the information of McKenzie Bridge, Oregon. The
impacts to low-income populations and available, DOE staff has determined that project occupies approximately 560
minority populations in communities the 1000 MW of incremental north-to- acres of the Willamette National Forest.
throughout the potentially affected area. south transfer, which represents south- g. Filed Pursuant to: Rule 602 of the
EPA also recommended that DOE and Commission’s Rules of Practice and
bound transmission service requests
TDI–NE conduct public outreach during Procedure, 18 CFR 385.602.
from Quebec to the United States, will
the construction phase of the project to h. Applicant Contact: Frank Lawson,
not have a negative impact on the
keep environmental justice populations General Manager, Eugene Water and
reliability of the United States electric
informed about the project’s progress Electric Board, 500 East 4th Avenue,
grid if operated consistent with both
and potential impacts, even those P.O. Box 10148, Eugene, Oregon 97440–
ISO-New England and North American
anticipated to be minor in nature. DOE 2148; (541) 685–7000.
Electric Reliability Corporation policies i. FERC Contact: Dianne Rodman;
notes that in addition to the four public and standards, terms and conditions of
meetings held during DOE’s NEPA (202) 502–6077 or dianne.rodman@
the Presidential Permit and other ferc.gov.
process, TDI–NE conducted
regulatory and statutory requirements. j. Deadline for Filing Comments:
comprehensive outreach throughout the
Neither DOE nor ISO–NE has studied a January 2, 2017. Reply comments due
development of the project using town
south-to-north transfer, so the permit January 17, 2017.
offices, Front Porch Forums, and
does not authorize such a transfer. The Commission strongly encourages
targeted letters to landowners in the
vicinity of the project route to Mitigation electronic filing. Please file comments
communicate project information. TDI– using the Commission’s eFiling system
NE conducted six local open house All practicable means to avoid or at http://www.ferc.gov/docs-filing/
meetings in several communities along minimize environmental harm from the efiling.asp. Commenters can submit
the project route. TDI–NE plans to alternative selected have been, or will brief comments up to 6,000 characters,
continue to use these forums to be, adopted. TDI–NE’s proposed without prior registration, using the
communicate with local citizens along measures to avoid and minimize eComment system at http://
the project route. adverse impacts are described in the www.ferc.gov/docs-filing/
The construction phase of the NECPL EIS, the BA, and the PA. TDI–NE will ecomment.asp. You must include your
project including stipulations, be responsible for implementing these name and contact information at the end
mitigation measures, and public avoidance and minimization measures. of your comments. For assistance,
outreach efforts, would be under the Additional measures will be required as please contact FERC Online Support at
jurisdiction of the USACE, VT–ANR, a result of ongoing consultations (e.g., FERCOnlineSupport@ferc.gov, (866)
VTrans, the VT Public Service Board, regarding Clean Water Act Section 404, 208–3676 (toll free), or (202) 502–8659
and the Towns of Alburgh, Benson and the Cultural Resources Management (TTY). In lieu of electronic filing, please
Ludlow. Plan) between TDI–NE and state and send a paper copy to: Secretary, Federal
federal agencies as part of approval and Energy Regulatory Commission, 888
Decision permitting processes. First Street NE., Washington, DC 20426.
DOE has decided to issue Presidential The first page of any filing should
mstockstill on DSK3G9T082PROD with NOTICES
Issued in Washington, DC, on December 5,
Permit PP–400 to authorize TDI–NE to include docket number P–2242–078.
2016.
construct, operate, maintain, and The Commission’s Rules of Practice
connect a 1,000-MW HVDC Meghan Conklin, require all intervenors filing documents
transmission line across the U.S./ Deputy Assistant Secretary, Office of with the Commission to serve a copy of
Canada international border. The permit Electricity Delivery and Energy Reliability. that document on each person on the
will include a condition requiring TDI– [FR Doc. 2016–29700 Filed 12–9–16; 8:45 am] official service list for the project.
NE to implement the Applicant- BILLING CODE 6450–01–P Further, if an intervenor files comments
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Document Created: 2018-02-14 09:05:50
Document Modified: 2018-02-14 09:05:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Record of decision. | |
| Contact | For further information on the NECPL | |
| FR Citation | 81 FR 89450 |
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