TriState Pipeline L.L.C.; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed TriState Pipeline Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings and Site Visit

[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Notices]
[Pages 2484-2486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-787]



[[Page 2484]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. CP99-61-000; CP99-62-000; CP99-63-000; CP99-64-000]


TriState Pipeline L.L.C.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed TriState Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings and Site Visit

January 8, 1999.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the construction and 
operation of the facilities proposed in the TriState Pipeline 
Project.\1\ This EIS will be used by the Commission in its decision-
making process to determine whether the project is in the public 
convenience and necessity. The application and other supplemental 
filings in this docket are available for viewing on the FERC Internet 
website (www.ferc.fed.us). Click on the ``RIMS'' link, select ``Docket 
#'' from the RIMS Menu, and follow the instructions.
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    \1\ TriState Pipeline L.L.C.'s applications in Docket Nos. CP99-
61-000, CP99-62-000, and CP99-63-000, were filed with the Commission 
under Section 7 of the Natural Gas Act (NGA) and Parts 157 and 284 
of the Commission's regulations. The application in Docket No. CP99-
64-000 was filed with the Commission under Section 3 of the NGA and 
Part 153 of the Commission's regulations.
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    Similarly, the ``CIPS'' link on the FERC Internet website provides 
access to the texts of formal documents issued by the Commission, such 
as orders, notices, and rulemakings. From the FERC Internet website, 
click on the ``CIPS'' link, select ``Docket #'' from the CIPS menu, and 
follow the instructions.
    If you are a landowner receiving this notice, you may be contacted 
by a pipeline company representative about the acquisition of an 
easement to construct, operate, and maintain the proposed facilities. 
The pipeline company would seek to negotiate a mutually acceptable 
agreement. However, if the project is approved by the Commission, that 
approval conveys with it the right of eminent domain. Therefore, if 
easement negotiations fail to produce an agreement, the pipeline 
company could initiate condemnation proceedings in accordance with 
state law. A fact sheet addressing a number of typically asked 
questions, including the use of eminent domain, is attached to this 
notice as appendix 1.\2\
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available from the 
Commission's Public Reference and Files Maintenance Branch, 888 
First Street, NE, Room 2A, Washington DC 20426, or call (202) 208-
1371. Copies of the appendices were sent to all those receiving this 
notice in the mail.
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    Additionally, with this notice we are asking a number of Federal 
agencies (see appendix 2) with jurisdiction and/or special expertise 
with respect to environmental issues to cooperate with us in the 
preparation of the EIS. These agencies may choose to participate once 
they have evaluated the proposal relative to their agencies' 
responsibilities.

Summary of the Proposed Project

    TriState Pipeline L.L.C. (TriState) proposes to build new natural 
gas pipeline and compression facilities to transport 650 thousand 
decatherms per day (MDth/day) of natural gas from the Chicago Hub near 
Joliet, Illinois. Of the 650 MDth/day, 200 MDth/day would be delivered 
to the White Pigeon delivery point in Michigan. The remaining 450 MDth/
day would be transported to the Dawn Hub in Ontario, Canada.
    TriState requests Commission authorization, in Docket No. CP99-61-
000, to construct, lease, and operate the following facilities:
    •  construct 2.8 miles of new 30-inch-diameter interconnect 
pipeline for the Alliance Interconnect (1.5 miles) and Northern Border 
Interconnect (1.3 miles) in Will County, Illinois;
    •  construct 147.4 miles of new 30-inch-diameter pipeline in 
Illinois, Indiana, and Michigan extending from Joliet, Illinois in Will 
County to White Pigeon, Michigan in St. Joseph County. About 32.6 miles 
would be in Illinois, 108.5 miles would be in Indiana, and 6.3 miles 
would be in Michigan;
    •  construct 66.1 miles of 36-inch-diameter pipeline looping 
the existing Consumers Energy Company (Consumers) and Michigan Gas 
Storage (MSG) systems in Michigan in three segments: the Branch County 
Loop (24.1 miles), the Oakland County Loop (23.4 miles), and the Macomb 
County Loop (18.6 miles);
    •  construct 11.8 miles of 24-inch-diameter pipeline from 
Consumers' existing St. Clair Compressor Station in St. Clair, 
Michigan, to the United States (U.S.)-Canadian International Boundary 
in the St. Clair River;
    •  construct one new compressor station (Joliet Compressor 
Station) with 30,000 horsepower (hp) in Joliet, Illinois and upgrade 
Consumers' existing St. Clair Compressor Station with 18,570 hp of 
additional compression;
    •  construct four new meter/regulating stations including two 
in Will County, Illinois, one in St. Joseph County, Michigan, and one 
in the St. Clair County, Michigan;
    •  construct 22 new mainline and crossover valves; and
    •  lease 450 MDth/day of firm pipeline capacity on the 
Consumers and MSG systems between White Pigeon, Michigan and Consumers' 
existing St. Clair Compressor Station.
    The general location of TriState's proposed project facilities is 
shown in appendix 3.
    In addition, TriState requests in Docket No. CP99-64-000 a 
Presidential Permit to construct, operate, and maintain facilities at 
the International Border between the U.S.-Canadian International 
Boundary in the St. Clair River near Marine City, Michigan. TriState's 
border facilities would connect TriState's proposed U.S. facilities 
with Canadian facilities owned by TriState's Canadian affiliate, 
TriState-Canada.

Land Requirement for Construction

    TriState would construct a total of about 229.0 miles of new 
pipeline of which about 111.5 miles (49 percent) would be constructed 
parallel to various existing utility rights-of-way. The remaining 116.6 
miles (51 percent) would be constructed on newly created right-of-way 
that does not parallel existing rights-of-way. Where possible, 
TriState's right-of-way would overlap the existing rights-of-way as 
much as possible during construction to minimize impacts. TriState's 
pipeline would deviate from the existing rights-of-way in selected 
locations to avoid impact on homes and existing utility structures 
(meter stations, etc.). The pipeline would also deviate from the 
existing rights-of-way in selected locations to improve waterbody 
crossings and for other environmental or engineering reasons.
    Construction of the TriState Pipeline Project would affect a total 
of about 3,000 acres of land including extra workspace and aboveground 
facilities. Of this total, about 2,764 acres would be disturbed by the 
construction right-of-way, 210 acres would be disturbed by extra 
workspace, and 26 acres would be distributed by the aboveground 
facilities and access roads. All these acreage figures are subject to 
change.
    TriState would generally use a 75- to 100-foot-wide construction 
right-of-way depending on land use and the need to segregate topsoil. 
The TriState Pipeline Project would also require extra

[[Page 2485]]

temporary work areas for waterbody, highway, and railroad crossings; 
for additional topsoil storage; and for pipe storage and equipment 
yards. Following construction and restoration of the right-of-way and 
temporary work spaces, TriState would retain a 50-foot-wide permanent 
pipeline right-of-way in Illinois and Indiana and a 60-foot-wide 
permanent right-of-way in Michigan. Total land requirements for the 
permanent right-of-way would be about 1,484 acres. The project would 
also require an additional 19 acres for the operation of the new or 
modified aboveground facilities. TriState would restore the remaining 
1,497 acres of land affected by construction of the project and allow 
these areas to revert to their former use.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from an action whenever it considers that issuance of a 
Certificate of Public Convenience and Necessity. NEPA also requires us 
to discover and address concerns the public may have about proposals. 
We call this ``scoping.'' The main goal of the scoping process is to 
focus the analysis in the EIS on the important environmental issues. By 
this Notice of Intent, the Commission requests public comments on the 
scope of the issues in will address in the EIS. All comments received 
are considered during the preparation of the EIS. State and local 
government representatives are encouraged to notify their constituents 
of this proposed action and encourage them to comment on their areas of 
concern.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. We have already 
identified a number of issues that we think deserve attention based on 
a preliminary review of the proposed facilities and the environmental 
information provided by TriState. These issues are listed below. This 
is a preliminary list of issues and may be changed based on your 
comments and our analysis.
    •  Soils
--Temporary and permanent impacts on prime farmland soils.
--Mixing of topsoil and subsoil during construction.
--Compaction of soil by heavy equipment.
--Impacts on drain tiles and irrigation systems.
--Erosion control and right-of-way restoration.
    •  Water Resources
--Effect of construction on areas with shallow groundwater.
--Effect of construction on crossings of 95 perennial waterbodies, 
including 20 coldwater fisheries and one anadromous fishery.
--Crossing of three rivers 100 feet wide or greater.
--Crossing of six waterbodies designated as sensitive/unique of which 
three are classified as salmonid waters and two are listed as Indiana 
Outstanding Rivers.
--Effect of construction in waterbodies with contaminated sediments.
--Potential for erosion and sediment transport to the waterbodies.
--Effect of construction on groundwater and surface water supplies.
--Impact on wetland hydrology.
    •  Biological Resources
--Short- and long-term effects of right-of-way clearing and maintenance 
on wetlands, forests, riparian areas, and vegetation communities of 
special concern.
--Effect on wildlife and fisheries habitats.
--Impact on federally endangered species such as the Indiana bat and on 
federally threatened species such as the northern copperbelly 
watersnake.
    •  Cultural Resources
--Effect on historic and prehistoric sites.
--Native American concerns.
    •  Socioeconomics
--Effect of the construction workforce on demands for services in 
surrounding areas.
--Impact on property values.
    •  Land Use
--Impact on crop production.
--Impact on residential areas.
--Effect on public lands and special use areas including waterbodies on 
the Indiana Outstanding River List, state scenic trails, a state 
recreation areas, county parks, city/township private parks and 
campgrounds, and golf courses.
--Impact on future land uses and consistency with local land use plans 
and zoning.
--Visual effect of the aboveground facilities on surrounding areas.
    •  Air Quality and Noise
--Effect on local air quality and noise environment as a result of 
construction.
--Effect on local air quality and noise environment as a result of 
operation of the compressor stations.
    •  Pipeline Reliability and Safety
    •  Cumulative Impact
--Impact of construction combined with that of other projects that have 
been or may be proposed in the same region and similar time frames.
--Impact of proposed project's influence on the potential for future 
upstream and downstream facilities.
    We will also evaluate possible alternatives to the proposed project 
or portions of the project, and make recommendations on how to lessen 
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the Draft EIS 
which will be mailed to Federal, state, and local agencies, public 
interest groups, affected landowners and other interested individuals, 
newspapers, libraries, and the Commission's official service list for 
this proceeding. A 45-day comment period will be allotted for review of 
the Draft EIS. We will consider all comments on the Draft EIS and 
revise the document, as necessary, before issuing a Final EIS. The 
Final EIS will include our response to each comment received on the 
Draft EIS and will be used by the Commission in its decision-making 
process to determine whether to approve the project.

Public Participation and Scoping Meetings

    You can make a difference by sending a letter addressing your 
specific comments or concerns about the project. You should focus on 
the potential environmental effects of the proposal, alternatives to 
the proposal (including alternative routes), and measures to avoid or 
lessen environmental impact. The more specific your comments, the more 
useful they will be. Please follow the instructions below to ensure 
that your comments are received and properly recorded:
    •  send two copies to: David P. Boergers, Secretary, Federal 
Energy Regulatory Commission, 888 First Street, N.E., Room 1A, 
Washington, D.C. 20426.
    •  label one copy of the comments for the attention of the 
Environmental Review and Compliance Branch, PR-11.1;
    •  reference Docket Nos. CP99-61-000, CP99-62-000, CP99-63-
000, and CP99-64-000;
    •  Mail your comments so that they will be received in 
Washington, D.C. on or before February 12, 1999.
    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meetings the FERC will conduct in the 
project area. The locations and times for these meetings are listed 
below.

[[Page 2486]]

Schedule of Public Scoping Meetings for the TriState Pipeline 
Project Environmental Impact Statement

February 8, 1999  7:00 PM--University Park, Illinois, Engbretson Hall, 
Governors State University, Governors Highway and Stuenkel Rd., (708) 
534-4515
February 9, 1999  7:00 PM--Walkerton, Indiana, Urey Middle School 
Cafeteria, 407 Washington Street, (219) 586-3184
February 10, 1999  7:00 PM--Sturgis, Michigan, Sturgis Youth Civic 
Center, 201 N. Nottawa, (800) 778-7437
February 11, 1999  7:00 PM--Pontiac, Michigan, Pontiac Northern High 
School, Little Theater (S. Parking Lot), 1051 Arlene Ave., (248) 857-
8460

    The public meetings are designed to provide you with more detailed 
information and another opportunity to offer your comments on the 
proposed project. TriState representatives will be present at the 
scoping meetings to describe their proposal. Interested groups and 
individuals are encouraged to attend the meetings and to present 
comments on the environmental issues they believe should be addressed 
in the Draft EIS. A transcript of each meeting will be made so that 
your comments will be accurately recorded.
    On the dates of the meetings, we will also be conducting limited 
site visits to the project area. Anyone interested in participating in 
the site visit may contact the Commission's Office of External Affairs 
identified at the end of this notice for more details and must provide 
their own transportation.

Becoming an Intervenor

    In addition to involvement in the EIS scoping process, you may want 
to become an official party to the proceeding or become an 
``intervenor.'' Among other things, intervenors have the right to 
receive copies of case-related Commission documents and filings by 
other intervenors. Likewise, each intervenor must provide copies 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 4). Only 
intervenors have the right to seek rehearing of the Commission's 
decision.
    The date for filing of timely motions to intervene in this 
proceeding has passed. Therefore, parties now seeking to file late 
interventions must show good cause, as required by section 
385.214(b)(3), why this time limitation should be waived. Environmental 
issues have been viewed as good cause for late intervention. You do not 
need intervenor status to have your environmental comments considered.

Environmental Mailing List

    This notice is being sent to individuals, organizations, and 
government entities interested in and/or potentially affected by the 
proposed project. It is also being sent to all identified potential 
right-of-way grantors. As details of the project become established, 
representatives of TriState may also separately contact landowners, 
communities, and public agencies concerning project matters, including 
acquisition of permits and rights-of-way
    All commenters will be retained on our mailing list. If you do not 
want to send comments at this time but still want to keep informed and 
receive copies of the Draft and Final EIS, you must return the 
Information Request (appendix 5). If you do not send comments or return 
the Information Request, you will be taken off the mailing list.
    Additional information about the proposed project is available from 
Mr. Paul McKee of the Commission's Office of External Affairs at (202) 
208-1088 or on the FERC website (www.ferc.fed.us) using the ``RIMS'' 
link to information in this docket number. For assistance with access 
to RIMS, the RIMS helpline can be reached at (202) 208-2222. Access to 
the texts of formal documents issued by the Commission with regard to 
this docket, such as orders and notices, is also available on the FERC 
website using the ``CIPS'' link. For assistance with access to CIPS, 
the CIPS helpline can be reached at (202) 208-2474.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-787 Filed 1-13-99; 8:45 am]
BILLING CODE 6717-01-M