1.0 INTRODUCTION

 1-1 

1.0 INTRODUCTION 

The staff of the Federal Energy Regulatory Commission (Commission or FERC) has prepared 

this final1

 supplemental environmental impact statement (FSEIS) to assess the environmental impacts 

associated with the construction and operation of a project that would involve facilities proposed by five 

pipeline companies. Collectively this project is referred to as the Northeast (NE)-07 Project. We2 have 

prepared this document as a supplement to the final environmental impact statement (FEIS) that was 

prepared for the Millennium Pipeline Project3

 and issued in October 2001. On September 19, 2002, the 

Commission issued an order approving the Millennium Pipeline Project proposed by Millennium Pipeline 

Company, L.P. (Millennium) in Docket Nos. CP98-150 et al and the related abandonment application 

proposed by Columbia Gas Transmission Corporation (Columbia) in Docket Nos. CP98-151 et al. The 

Millennium Pipeline Project FEIS and the record of the decision in that proceeding are incorporated by 

reference into this FSEIS. On May 9, 2002, the State of New York denied an individual coastal zone 

consistency concurrence for the Millennium Pipeline Project. The Department of the Army subsequently 

denied, without prejudice, Millennium’s section 10 and 404 permit applications for the project in a letter 

dated January 20, 2004 (Department of the Army Permit Application Nos. 97-320-003(2), 1999-00640, 

199701186). The U.S. Secretary of Commerce upheld the State’s decision on December 15, 2003. 

The NE-07 Project would in effect be a modification of and an alternative to the Millennium 

Pipeline Project approved in that proceeding. It would include construction and operation of certain 

facilities approved for the Millennium Pipeline Project, with some additions and modifications, as well as 

facilities proposed by other companies as summarized below and as described more fully in this 

document. 

• Millennium would construct and operate certain amendment facilities in Docket No. CP98-150-

006 and CP98-150-007 for the Millennium Pipeline Project – Phase I, or the Phase I Project. 

• Columbia has proposed the Line A-5 Replacement Project in Docket No. CP05-19-000. (On 

August 1, 2005, Columbia requested that this application be consolidated with Millennium’s 

amendment application.) 

• Empire State Pipeline and Empire Pipeline, Inc. (collectively referred to as Empire) propose in 

Docket No. CP06-5-000 to construct the Empire Connector Project. 

• Algonquin Gas Transmission System, LLC (Algonquin) proposes in Docket No. CP06-76-000 to 

construct the Ramapo Expansion Project. 

• Iroquois Gas Transmission System, LP (Iroquois) proposes in Docket No. CP02-31-002 to amend 

the certificate it received from the Commission on October 31, 2002, in Docket No. CP02-31-000 

to modify the approved facilities and to construct and operate certain additional facilities for the 

MarketAccess Project. An environmental assessment (EA) was issued for Iroquois’ Brookfield 

Expansion Project in the original proceeding. The EA and the record of the decision in that 

proceeding are incorporated by reference into this FSEIS. 

On August 1, 2005, Millennium filed its application with the Commission to amend the 

Certificate of Public Convenience and Necessity (Certificate) issued by the Commission for the 

Millennium Pipeline Project. This Certificate also included approval of Columbia’s related abandonment 

 

1 The vertical line in the margin identifies text that has been modified in this FSEIS and differs from the corresponding text in the draft 

supplemental environmental impact statement. 

2 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects, part of the Commission staff. 3 On September 19, 2002, the Commission issued an order approving the Millennium Pipeline Project in Docket Nos. CP98-150 et al. 

On July 12, 2005, Millennium was granted approval of its request for an extension of time to file its implementation plan for the project and to 

complete construction, since its amendment to the project application was expected to be filed with the Commission soon. 
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 1-2 

application in Docket No. CP98-151 et al. whereby Columbia would abandon certain pipeline facilities in 

place, by removal, and by conveyance to Millennium. (Millennium would remove Columbia’s pipeline 

facilities during the construction of its facilities.) The certificate was issued to Columbia and Millennium 

under sections 7(b) and 7(c), respectively, of the Natural Gas Act (NGA) and Part 157 of the 

Commission’s regulations. In its request for amendment, Millennium asks that the previously authorized 

project be approved for construction in phases (as opposed to construction during a single construction 

period). Therefore, Millennium identified route and facility modifications to the previously authorized 

project in its application for the Phase I Project. On December 20, 2005, Millennium filed an 

amendment (Docket No. CP98-150-007) to its August 1, 2005 amendment application reflecting a 

modification to its proposed compressor station facilities it would install in Corning, New York. The 

proposed Phase I Project modifications are detailed in section 2.1.1. 

 On May 3, 2006, Millennium filed a second amendment application (Docket No CP98-150-008) 

and Columbia filed a related amendment application (Docket No. CP98-151-004) to: reflect the 

conversion of Millennium Pipeline Company, L.P. to Millennium Pipeline, L.L.C., a Delaware Limited 

liability company; modifying the facilities Millennium would acquire from Columbia and operate; 

updating customer precedent agreements; modifying the capacity lease agreement with Columbia; 

relocating the proposed Wagoner M&R Station from Milford, Pennsylvania, to Deer Park, New York, at 

the interconnection of Columbia’s Line K and the proposed Millennium Pipeline; and proposing minor 

route variations and modifications to proposed pipe, contractor, and staging yards. Columbia’s May 1, 

2006 amendment application modifies the facilities it proposes to abandon by conveyance to Millennium, 

the capacity lease agreement, and related issues. 

 On July 31, 2006, Millennium filed supplemental materials (Docket No. CP98-150-

006)modifying several waterbody crossings and requesting that 194 minor changes be incorporated into 

its proposed project. These changes include certain modifications to temporary workspaces (both 

increases and decreases in size); additions, deletions, or relocations of certain access roads; and certain 

pipeline centerline relocations, as listed in table format and depicted on maps in appendix B1. These 

changes were made at the request of affected landowners, at the request of state agencies, to avoid 

cultural resources, to avoid or minimize project impact on natural resources (rattlesnake dens, 

waterbodies, and wetlands), and to address issues related to construction. The supplemental filing 

included construction alignment sheets, environmental resource tables, permanent access road table, and 

coordination concerning significant natural communities reflecting the proposed changes. The July 31, 

2006 filing also included a revised Environmental Management and Construction Plan for Black Dirt 

Agricultural Areas, Towns of Minisink and Warwick, Orange County, New York (July 2006) (Black Dirt 

Plan); a Supplemental Phase I Bog Turtle Habitat Assessment Report for Orange and Rockland Counties, 

New York; an Update on Coordination Concerning Significant Natural Communities, Orange and 

Rockland Counties, New York (July 2006) report; , a Cultural Resources Overview/Survey – Spring 

2006 Addendum Report; and the Environmental Management and Construction Plan for Harriman and 

Sterling Forest State Parks (July 2006) (EM&C Plan-Parks) developed with the Palisades Interstate Park 

Commission (PIPC).4 

 On August 31, 2006, Millennium provided supplemental information about its proposed right-ofway changes. This includes more information about the reasons landowners, agencies, or Millennium had 

requested changes to the proposed right-of-way. Millennium indicated that it had landowner concurrence 

 

4 The Black Dirt Plan and the EM&C Plan-Parks may be found in Millennium’s July 31, 2006 supplemental 

filing on the FERC web site at http://www.ferc.gov under eLibrary and under the docket number, CP98-150. 
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 1-3 

for all but about 34 of the modifications, and it provided additional environmental information comparing 

the areas affected by the original route to the proposed modified areas at these locations. The 194 

modifications have been included as the proposed route for the Phase I Project and updated information is 

included in sections 2 and 4 to reflect this change. We address the modifications in section 3. 

 This FSEIS address the facilities as proposed by Millennium in its August 1, 2005 application as 

amended by its December 20, 2005, May 3, 2006 amendment applications, and its July 31, 2006 

supplemental filing and by Columbia in its August 1, 2005 application as amended on May 3, 2006. 

 

 In general, Millennium’s amendment application for the Phase I Project5

 includes: 

• construction of about 181.7 miles of 30-inch-diameter pipeline from Corning, New York, to 

Ramapo, New York, (from milepost [MP] 190.6 to MP 376.6), with four proposed route 

modifications within this area; 

• acquisition from Columbia and continued use of about 7.1 miles of 24-inch-diameter Line A-5 

pipeline from MP 340.5 to MP 347.7; 

• acquisition from Columbia of the facilities Columbia would convey to Millennium as listed 

below; 

• construction of 1,278 feet of 24-inch-diameter pipeline from MP 343.8 to MP 344.1; 

• installation of additional compression and measuring and regulating (M&R) facilities at 

Columbia’s existing Corning Compressor Station (CS)(MP 190.6); 

• construction of the Wagoner M&R station in Deer Park, Orange County, New York, at MP 337.9; 

and, 

• installation of upgrades to the Ramapo M&R station in Ramapo, Rockland County, New York. 

The Phase I Project would include consolidation and operation of Columbia’s proposed Line A-5 

Replacement Project. The Line A-5 Replacement Project consists of: 

• replacement of 8.8 miles of 8- and 16-inch-diameter segments of Columbia’s existing Line A-5 

pipeline with larger 30-inch-diameter pipeline in Orange and Rockland Counties, New York (this 

mileage has been included in the total mileage for Millennium’s 30-inch-diameter pipeline 

referenced above); 

• modification of three existing M&R stations (the Tuxedo, Sloatsburg, and Ramapo M&R 

stations) on this segment of Line A-5 to accommodate the larger diameter pipeline; and 

• abandonment in place of about 1.0 mile of the existing Line A-5 pipeline. 

Further, Millennium proposes in its May 3, 2006 amendment application to vacate in part the 

certificate of public convenience and necessity it received in the Interim Order as it relates to the Phase II 

facilities and conditions. Therefore, Millennium proposes to construct and operate only the facilities it 

has identified as Phase I facilities (these facilities would exclude, among other things, the crossings of 

Lake Erie and the Hudson River). All non-environmental issues would be addressed by the Commission 

in the Order for this proceeding. 

 

Millennium proposes to construct Columbia’s Line A-5 Replacement Project as part of the Phase 

I Project. In this document, issues related to the Line A-5 Project have been identified separately so that 

 

5 These mileposts and distances reflect those filed in the original application. Millennium continued to 

conduct right-of-way surveys during 2006. Refinements due to the survey information may result in minor milepost 

differences from the original information. 
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 1-4 

individuals who have provided comments on this project may more easily follow its environmental 

analysis. Further, in evaluating the initially proposed route for the Line A-5 Replacement Project, which 

would involve mainly replacement of the old pipe with new pipe in the same ditch, route variations were 

identified. By Millennium’s May 3, 2006 amendment application, it proposes to construct two route 

variations: the Sterling Forest ® State Park/Laurel Ridge Route Variation (MP 367.8 to 368.5) and the 

Ramapo River HDD Variation (MP 369.4 to MP 370.3) which would be in the Line A-5 Replacement 

Project portion of the Phase I Project. These are discussed in section 3, Alternatives, of this document. 

Columbia filed on August 1, 2005, its related amendment application in Docket No. CP98-151-

003 to correspond with the modifications proposed in Millennium’s amendment application. These 

facilities were subsequently modified by Columbia’s May 3, 2006 amendment application. The 

Commission approved certain of these same proposed modifications as part of its Interim and Final 

Orders for the Millennium Pipeline Project. Pursuant to its May 3, 2006 amendment application, 

Columbia proposes the following: 

• abandonment in place of about 4.5 miles of 10-inch-, 82.2 miles of 12-inch-, 0.2 mile of 16-inch-, 

and 2.5 miles of 20-inch-diameter pipeline in Steuben, Chemung, Tioga, Broome, Orange, and 

Delaware Counties, New York, designated as Line A-5; 

• abandonment by removal (Millennium would remove Columbia’s pipeline when it installs its 

pipeline via same ditch replacement) of about 55.5 miles of 12-inch-, 16.6 miles of 10-inch-, and 

8.8 miles of 8-inch-diameter pipeline in Delaware, Sullivan, Orange, and Rockland Counties, 

New York , designated as Line A-5, and of the Walton Deposit M&R station at MP 276.1 in 

Delaware County (Millennium would relocate this facility at the landowner’s request and to move 

it closer to Line A-5); 

• abandonment by conveyance to Millennium of: 

o about 3.1 miles of 10- and 12-inch-diameter pipeline in Steuben County, New York, 

designated as Line 10325; 

o about 0.4 mile of 10-inch-diameter pipeline in Broome County, New York, designated as 

Line 10356; 

o about 52.5 miles of 10-, 12-, and 24-inch-diameter pipeline in Steuben, Chemung, 

Broome, and Orange Counties, New York, designated as Line A-5; 

o about 2.6 miles of 6-inch-diameter pipeline in Tioga County, New York, designated as 

Line AD-31; 

o about 0.1 mile of 12-inch-diameter pipeline in Broome County, New, York, designated as 

Line N; 

o about 6.7 miles of 24-inch-diameter pipeline in Rockland County, New York, designated 

as Line 10338; 

o the following M&R stations in New York: 

- Corning Natural Gas, MP 180.4, Steuben County; 

- Cooper Planes, MP 182.1, Steuben County; 

- M Account, MP 187.5, Steuben County; 

- Corning Glass, MP 188.4, Steuben County; 

- Spencer, MP 217.3, Tioga County; 

- Catatonk, MP 228.2, Tioga County; 

- Owego, MP 231.5, Tioga County; 

- Union Center, MP 240.2, Broome County; 

- Endicott, MP 241.7, Broome County, 

- Westover, MP 245.7, Broome County; 

- Willis Road, MP 248.1, Broome County; 

- Port Dickinson, MP 250.8, Broome County; 

- Kirkwood, MP 253.8, Broome County; 
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 1-5 

- Hancock, MP 285.6, Delaware County; 

- Hartwood Club, MP 332.1, Sullivan County; 

- Middletown, MP 347.7, Orange County; 

- Huguenot, MP 3440.5, Orange County; 

- Warwick, MP 359.3, Orange County; 

- Greenwood Lake, MP 364.2, Orange County; 

- Central Hudson/Tuxedo, MP367.9, Orange County; 

- Sloatsburg, MP 373.3, Rockland County; 

- Ramapo, MP 376.4, Rockland County; and 

- Buena Vista, MP 383.3, Rockland County. 

Millennium would replace the facilities Columbia would abandon in place or remove with its 

proposed project facilities, or it would continue to use those it would acquire by conveyance. 

On October 11, 2005, Empire filed an application with the Commission in Docket No. CP06-5-

000 under section 7(c) of the NGA and Part 157 of the Commission’s regulations for a Certificate to 

construct and operate the Empire Connector Project. This project would consist of: 

• construction of about 78 miles of new 24-inch-diameter pipeline and associated facilities in 

Ontario, Yates, Schuyler, Chemung, and Steuben Counties, New York; and, 

• construction of a new compressor station in Genesee County, New York. 

On March 1, 2006, Empire filed a supplement/addendum to its application to present proposed 

variations in the pipeline route and the results of additional surveys completed during the fall of 2005. 

This project would supply about 250,000 dekatherms per day (Dth/d) of transmission capacity and have a 

maximum allowable operating pressure (MAOP) of 1,440 pounds per square inch gauge (psig). It is 

proposed to supply natural gas to Millennium’s pipeline system, in order to serve downstream markets in 

the New York, New Jersey, and New England areas. 

On March 1, 2006, Algonquin filed an application with the Commission in Docket No. CP06-76-

000 under section 7(c) of the NGA and Part 157 of the Commission’s regulations for a Certificate to 

construct and operate the Ramapo Expansion Project. This project consists of: 

• replacement about 4.9 miles of existing 26-inch-diameter pipeline with 42-inch-diameter pipeline 

in Rockland County, New York; 

• construction of miscellaneous pipeline modifications and meter station modifications at several 

locations in Rockland County, New York, and Fairfield County, Connecticut; 

• modifications to three existing compressor stations in Rockland and Putnam Counties, New York, 

and Morris County, New Jersey; and, 

• construction of one new natural gas compressor station in New Haven County, Connecticut. 

This project would provide an additional 125,000 Dth/d of firm natural gas transportation services 

to Consolidated Edison Company (Con Edison) and 200,000 Dth/d of transportation capacity to KeySpan 

Energy Delivery (KeySpan) for the New York natural gas market. Upstream transportation for the 

volumes to be delivered to Con Edison would be provided by Millennium and Algonquin. 

On March 29, 2006, Iroquois filed an application with the Commission in Docket No. CP02-31-

002 under section 7(c) of the NGA and Part 157 of the Commission’s regulations for an amendment to its 

October 31, 2002 Certificate. Iroquois proposes to modify, construct, and operate the MarketAccess 

Project. This project would consist of: 
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 1-6 

• reduction of the proposed size of the compressor to be constructed in the Town of Brookfield, 

Connecticut, from 10,000 hp to 7,700 hp; 

• construction of a new transfer compressor station and natural gas cooling facilities in the Town of 

Brookfield, Fairfield County, Connecticut; and, 

• installation of cooling facilities at Iroquois’ existing compressor station in Town of Dover, 

Dutchess County, New York. 

The project would provide 100,000 Dth/d of firm natural gas transportation services to Con 

Edison. The gas would be delivered to Con Edison at Iroquois’ existing Hunts Point, Bronx, New York 

meter station. 

 

1.1 PURPOSE AND NEED 

1.1.1 Millennium Pipeline Project – Phase I 

Millennium does not presently own any pipeline facilities but would construct and operate 

pipeline and other facilities and acquire pipeline and other facilities from Columbia for continued use 

and/or replacement as listed above. Millennium has redesigned and reduced the scale of the system that 

the Commission previously authorized to meet the current needs of the natural gas market. Millennium 

conducted an open season in June 2005 for pipeline capacity on its proposed project. The shippers who 

have contracted for service on Millennium’s system would arrange for upstream and/or downstream 

transportation on one or more pipelines. The Phase I Project would provide for the delivery of about 

525,400 Dth/d to Millennium’s customers (as opposed to 714,000 Dth/d in the original certificate 

application). It would interconnect with Algonquin’s 26- and 30-inch-diameter pipelines at the existing 

Ramapo M&R Station. Millennium proposes beginning construction of certain facilities in May 2007, 

but would construct most of the facilities in 2008. Millennium anticipates placing all of the Phase I 

Project facilities in service by November 1, 2008, in order to meet the needs of its shippers. 

1.1.2 Columbia Line A-5 Replacement Project 

In conjunction with the U.S. Department of Transportation (DOT) and the New York Public 

Service Commission (NYPSC), acting as agent for the DOT Office of Pipeline Safety, in 1995 Columbia 

assessed corrosion and the need for pipeline replacement or other measures on about 37 miles of its Line 

A-5 between Columbia’s Hugoenot M&R Station in Orange County, New York, and the Ramapo M&R 

Station in Rockland County, New York. Through internal pigging, inspection digs, and cathodic 

protection surveys, Columbia tested and verified the physical condition of the pipeline. The results 

showed that some segments of Line A-5 should be replaced, some segments of the pipeline should be 

operated at reduced pressure, and the cathodic protection system needed to be upgraded. In February 

2003, Columbia committed to the DOT and NYPSC to implement an Age and Condition Program, an 

ongoing system upgrade program to replace sections of the aging A-5 pipeline to ensure safety and 

continuity of service. 

Initially, Columbia intended replacing the multi-diameter Line A-5 with 10-inch-diameter 

pipeline, and some segments of Line A-5 were replaced in 2003 and 2004 in compliance with the DOT 

direction. Similarly, in 2005, Columbia had planned to replace the easternmost 8.8 miles of Line A-5 

with 10-inch-diameter pipeline. However, Columbia re-evaluated its plan and determined that 

replacement with 30-inch-diameter pipeline (instead of 10-inch-diameter pipeline) would be a better 

choice, due to the anticipated demand for increased throughput in its system in this area. Because this 

activity would involve the larger diameter pipeline, Columbia was required to file a request pursuant to 

section 7(c) of the NGA for the 8.8-mile-long Line A-5 Replacement Project. Columbia stated that 
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replacement with the larger, 30-inch-diameter pipeline would avoid repeated disturbance of sensitive 

areas in this area in the event that, in the near future, Columbia needed to increase capacity and construct 

the proposed larger diameter pipeline to accommodate potential future system expansion and meet 

anticipated market growth. Specifically, this would avoid repeated impacts to resources in Sterling 

Forest® State Park, the Ramapo River, Kakiat Park, and Harriman State Park. 

Columbia stated that the Line A-5 Pipeline Replacement was needed to continue and ensure longterm reliability of firm service to Columbia’s existing customers, and also represents a necessary link in 

Millennium’s proposed transmission system between the Phase I Project and the identified downstream 

pipeline projects and markets/customers. 

1.1.3 Empire Connector Project 

The Empire Connector Project would provide natural gas transportation capacity for gas supplies 

delivered to Empire State Pipeline at the interconnection of the facilities of TransCanada Pipelines Ltd. 

and Empire State Pipeline at the United States – Canada border, and Empire State Pipeline would 

transport gas to the proposed Empire Connector Project in Victor, New York. Gas would be transported 

via the Empire Connector Project to the proposed Millennium Phase I Project at Corning, New York. The 

Empire Connector Project would add about 250,000 Dth/d of transmission capacity for shippers on its 

system. It would deliver gas to Millennium’s pipeline for shippers in downstream markets in the New 

York City, New Jersey, and New England areas. Of the proposed 250,000 Dth/d of available pipeline 

capacity, Keyspan has executed a precedent agreement with Empire State Pipeline for the firm 

transportation of 150,000 Dth/d, and represents the initial anchor shipper for the Project. Empire 

anticipates that other local distribution companies (LDCs) would subscribe to the remaining capacity. 

1.1.4 Algonquin Ramapo Expansion Project 

The purpose of the Ramapo Expansion Project is to provide additional capacity to facilitate 

transportation of new supply receipts from Millennium’s Phase I Project, and specifically, to provide 

125,000 Dth/d of natural gas transportation capacity to Con Edison and 200,000 Dth/d of transportation 

capacity to KeySpan. Millennium’s Phase I Project and the Ramapo Expansion Project would provide 

transportation service to customers in the New York natural gas market specifically, and the New England 

market generally, with additional access to natural gas supplies from traditional production sources 

attached to the natural gas pipeline grid in the U.S. and Canada, as well as access to local production and 

storage in New York. In addition, Algonquin states that other natural gas utilities, retail consumers and 

electric generators would benefit from additional reliability and flexibility that the project would provide 

to the Algonquin pipeline system. 

1.1.5 Iroquois MarketAccess Project 

The purpose of the Iroquois MarketAccess Project is to provide firm natural gas transportation 

services to Con Edison. Of this volume, 100,000 Dth/d would be delivered by Algonquin to Iroquois at 

Brookfield, Connecticut, for Con Edison’s account, beginning November 1, 2008. The gas would then be 

transported by Iroquois and delivered to Con Edison at its existing Hunts Point, New York meter station. 

In order to increase system capacity to receive the natural gas from Algonquin and provide the 

transportation services, Iroquois would also construct gas cooling facilities at its Dover, New York 

compressor station and install a transfer compressor and gas cooling facilities at its interconnect with 

Algonquin at Brookfield, Connecticut. The transfer compressor would increase the pressure of the gas 

being delivered by Algonquin to allow it to enter Iroquois’ system. 
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1.2 PURPOSE AND SCOPE OF THIS STATEMENT 

The Commission is the federal agency responsible for evaluating applications filed for 

authorization to construct and operate interstate natural gas facilities. Certificates are issued under section 

7(c) of the NGA and part 157 of the Commission's regulations if the Commission determines that the 

project is required by the public convenience and necessity. 

The Commission is the lead federal agency for this EIS. The U.S Army Corps of Engineers 

(COE) and the U.S. Fish and Wildlife Service (FWS) are cooperating federal agencies. A cooperating 

federal agency has jurisdiction by law or special expertise with respect to any environmental impact 

involved with the proposal. By agreement with the Commission, a state or local agency of similar 

qualifications may become a cooperating agency. Accordingly, the New York State Department of 

Environmental Conservation (NYSDEC), New York State Department of Agriculture and Markets 

(NYSDA&M), New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP), and 

the Palisades Interstate Parks Commission (PIPC), also are acting as cooperating agencies in preparing 

this document. 

Our principal purposes in preparing this FSEIS are to: 

• identify and assess the potential impact on the natural and human environment that would 

result from the implementation of the proposed project(s); 

• assess reasonable alternatives to the proposed action that would avoid or minimize 

adverse impact on the environment; 

• identify and recommend specific mitigation measures to minimize environmental impact; 

and, 

• encourage and facilitate public involvement in identifying significant environmental 

impact. 

This document will address the impact of the projects proposed in the identified applications. For 

Millennium’s Phase I Project, we will address issues related to the proposed new compressor station and 

the route variations. We will, however, update information about the portion of the approved route 

between MPs 190.6 and 376.6 related to wetlands, waterbodies, and land use, as appropriate. 

1.3 PUBLIC REVIEW AND COMMENT 

On January 10, 2006, the Commission issued a Notice of Intent to Prepare a Supplemental 

Environmental Impact Statement for the Proposed Millennium Phase I Project, Columbia Line A-5 

Replacement Project, Empire Connector Project, Algonquin Ramapo Expansion Project, and Iroquois 

MarketAccess Project, and Request for Comments on Environmental Issues (NOI). The NOI stated that 

together, these projects are referred to as the NE-07 Project. 

The NOI was sent to about 2,781 individuals and organizations, including affected landowners 

along the project route and site locations; landowners within one-half mile of the new and modified 

compressor stations; federal, state, county, and local agencies; elected officials (U.S. representatives and 

senators, state governors and other local and state representatives); environmental and public interest 

groups; Native American tribes; local newspapers and libraries; and, other individuals. The NOI was also 

published in the Federal Register. 
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 1-9 

The NOI requested written comments on the scope of the analysis for the draft supplemental 

environmental impact statement (DSEIS), and also requested federal, state, and local agencies with 

jurisdiction and/or special expertise regarding environmental issues to cooperate with the Commission in 

preparation of the DSEIS. In addition, the NOI explained the Commission’s review and DSEIS process, 

provided instructions on how individuals and organizations can participate in the Commission’s review 

process, and directed landowners affected by the project to informational resources to assist them with 

landowner negotiations with the pipeline company related to acquisition of an easement on their property. 

In addition, the NOI outlined how to become an intervener in the proceeding.6 A form was provided as 

part of the NOI for interested parties to request a copy of the EIS. The scoping period ended on February 

10, 2006, although the Commission attempted to accept pertinent public and agency comments after this 

date, to the extent practicable. 

The Commission subsequently issued a Notice of Alternative Project Site for the Algonquin 

Ramapo Expansion Project on March 8, 2006. This notice informed that Algonquin had filed information 

regarding an alternative compressor station site to the proposed Oxford CS, still located in Oxford, 

Connecticut, but about one mile east of the previously proposed site, and 0.85 mile east of the Oxford 

Airport runway (Site F). The public scoping period for this alternative site ended on April 7, 2006. Two 

comments were filed about Site F and were addressed in the DSEIS. On June 16, 2006, Algonquin filed 

supplemental environmental information about Site F and requested that this site be the proposed site for 

the Oxford CS. This supplemental information is included in section 3.2.3.6. 

A number of public information meetings were held by the applicant pipeline companies in 

selected locations near the proposed facilities, to provide the general public with an opportunity to learn 

more about the project components and to comment on environmental issues to be addressed in the EIS. 

A number of these meetings were attended by representatives of the Commission, and forms were 

available at the public meetings for comments and for requests for a copy of the DSEIS. The applicantsponsored meetings included: 

For the Millennium Phase I Project: 

• May 26, 2005, in the Town of Big Flats, New York (near the proposed Corning CS); and 

• January 26, 2006, in Binghamton, New York (near the NYSEG route variations). 

For the Empire Connector Project: 

• Between September 9 and 20, 2004, Empire held seven public meetings or open houses 

throughout the Empire Connector Project region; and, 

• In December 2004, Empire held an eighth open house in the area of the proposed 

Oakfield CS. 

For the Algonquin Ramapo Expansion Project: 

• December 12, 2005, in Ramapo, New York, for the Ramapo M&R Station Pipeline and 

Stony Point CS; 

• December 13, 2005, in Southeast, New York, for the Southeast CS; 

 

6

 An intervener has the right to receive copies of case-related FERC documents and filings by other interveners and must also provide 

copies of its filings to all other interveners. Further, an intervener has certain legal standing with respect to any hearing held by the Commission 

with respect to any court review of Commission decisions.
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• December 14, 2005, in Southbury, Connecticut, for the Oxford CS; 

• December 15, 2005, in Hanover, New Jersey, for the Hanover AGE CS; and, 

• March 15, 2006, in Southbury, Connecticut, for the alternative site for the Oxford CS 

Site. 

For the Iroquois MarketAccess Project: 

• January 11, 2006, in Dover, New York for the Dover CS; 

• January 19, 2006, in Brookfield, New York for the Brookfield CS; 

• Iroquois participated in a public meeting held by the Town of Brookfield on February 9, 

2006. As part of this meeting, Iroquois provided a presentation and responded to 

questions from the audience. 

The Commission did not hold any formal public scoping meetings for the NE-07 Project due to 

already having held public scoping meetings in the past for some of the proposed project components, the 

Commission staff’s attendance (hosting a “Commission information table”) at a number of the pipeline 

company-sponsored public meetings/open houses, and the facility with which the general public 

(including agencies and landowners) were already submitting written scoping comments directly to the 

Commission. 

We received scoping comments from a total of about 215 individuals representing federal and 

state agencies, counties, municipalities, organizations, and concerned citizens. Of these, about 60 filed 

form letters. A number of commenters commented several times. In addition, about 362 individuals 

and/or companies filed requests to intervene, some of which requested to intervene in multiple projects. 

 We issued the DSEIS on June 9, 2006, and initiated a 45-day comment period in accordance with 

Council on Environmental Quality (CEQ) regulations implementing the National Environmental Policy 

Act of 1969 (NEPA). The DSEIS was mailed to 3,273 agencies, groups, and individuals. We received a 

total of 56 comment letters, representing four Federal agencies, eight state agencies and state 

representatives, two Indian nations, two county and municipal agencies, and 32 individuals and groups. 

A few commenters commented more than once. In addition, a public meeting to receive comments on the 

DSEIS was held at Brookfield, Connecticut on July 18, 2006. All comment letters on the DSEIS and oral 

comments from the public meeting are summarized in appendix I of this document, along with our 

responses. 

Tables 1.3-1, 1.3-2, 1.3-3, and 1.3-4 summarize the issues and concerns identified by the 

commenter and, with the exception of need, identifies the FSEIS sections in which these comments are 

addressed. Project need is determined by the Commission but is not addressed in this FSEIS. 

1.3.1 Identified Issues on the Millennium Pipeline Project - Phase I 

A summary of the scoping comments received on the Millennium Pipeline Project – Phase I is 

provided in Table 1.3-1. 
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 1-11 

Table 1.3-1 

Issues Identified From Comments Received During the Public Scoping Process 

for the Millennium Phase I / Columbia Line A-5 Projects 

Issue Comments 

EIS Section 

Where Comment 

is Addressed 

General Project purpose; project need; alternative routes; 

need for increased diameter pipe; lack of 

communication and misleading information from 

pipeline company; alternate route suggestions; 

project segmentation/piece-mealing. 

1.1, 3.0 

 

Water Public and private water supplies; septic tanks; 

flooding; Cintechem contamination in water 

supply; Indian Kill Reservoir. 

4.3 

 

Wetlands Impacts to wetlands; impacts to ponds that are 

habitats for tree frogs (peepers). 

4.7, 4.4 

 

Soils Construction/siting on steep slopes; concerns 

about depth to bedrock. 

4.1, 4.2 

 

Vegetation Tree loss including old trees. 4.5 

Land Use and Visual Hindering proposed development plans; 

destruction of personal property and buildings; 

increased width of easements; construction mess; 

decrease in land values; compensation for land 

taken; Sterling Forest and Laurel Ridge park 

nearby; project crossing Tribal lands. 

4.8 

 

Wildlife Loss of animal habitat; timber rattlesnake habitat; 

box turtles, wood turtles, hawks, owls, 

salamanders, fox; bird conservation area. 

4.4, 4.6 

 

Aquatic life Potential impact of suspended sediment from 

waterbody crossings to fish, macroinvertebrates 

and other aquatic resources; impacts to ponds that 

are habitats for tree frogs (peepers). 

4.3, 4.4 

 

Health and Safety Impacts to the single road leading in and out of 

residential community; fire and explosion fears; 

training for local emergency staff; terrorism fears; 

detection of gas leaks; construction in seismically 

active area. 

4.1, 4.8, 4.12 

 

Quality of Life Enjoyment of wildlife; disruption of peace and 

quiet of area; living in fear of possible 

emergencies. 

4.4, 4.8, 4.12 

Air Quality and Noise Construction noise; air pollutants. 4.11 
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 1-12 

1.3.2 Identified Issues on the Empire Connector Project 

A summary of the scoping comments received on the Empire Connector Project is provided in 

Table 1.3-2. 

Table 1.3-2 

Issues Identified From Comments Received During the Public Scoping Process 

for the Empire Connector Project 

Issue Comments 

EIS Section 

Where Comment 

is Addressed 

General Alternative sites suggested; inquiry whether future 

expansion possible; independent inspectors 

needed. 

3.0, 2.7 

 

Wildlife Impacts of land/tree clearing and new roads on 

wildlife; bluebird sanctuary adjacent to abutting 

landowner property; alternate route crosses 

Watkins Glen State Park which has abundant 

fishing and wildlife; potential impacts to Indiana 

bat (a threatened species). 

4.5, 4.4, 3.0, 4.6 

 

Land Use and Visual Alternative route crossing Watkins Glen State 

Park and associated impacts to recreational 

fishing, hiking, camping; recreational impacts on 

Ontario Pathways recreation/hiking trail; farmland 

issues. 

3.0, 4.8 

 

Vegetation Potential impacts on Leedy’s roseroot, clearing of 

trees used for wind breaks and soil erosion 

control; concern about compensation for timber 

value/economic hardship; impacts on land used 

for horse grazing causing economic hardship; 

keeping tree canopy intact on Ontario Pathways 

property; protection of side growth and 

hedgerows. 

4.5, 4.6, 4.2, 4.8 

 

Air Quality and Noise Influence of wind on noise levels, question 

whether changing seasons and vegetation levels 

were included in noise study; question whether air 

quality test will be distributed to the residents. 

4.11 

 

Health and Safety Training for local Fire and Emergency staff for 

fire and terrorism issues associated with project; 

Ontario Pathways hiking trail and construction 

debris issues; high vehicular impact area; 

proximity to residences. 

4.12, 4.8 

 
 1.0 INTRODUCTION

 1-13 

Table 1.3-2 

Issues Identified From Comments Received During the Public Scoping Process 

for the Empire Connector Project 

Issue Comments 

EIS Section 

Where Comment 

is Addressed 

Geology and Soils Soils susceptible to trench wall sloughing and 

cave-in; soil drainage effects; construction and 

drainage impacting farmlands; project planning on 

each farm, erosion hazards on farmlands. 

4.2 

1.3.3 Identified Issues on the Algonquin Ramapo Expansion Project 

A summary of the scoping comments received on the Algonquin Ramapo Expansion Project is 

provided in Table 1.3-3. 

Table 1.3-3 

Issues Identified From Comments Received During the Public Scoping Process 

for the Algonquin Ramapo Expansion Project 

Issue Comments 

EIS Section 

Where Comment 

is Addressed 

General Project related to/dependent on Iroquois Project 

and must be reviewed together; support of Duke 

Energy and this project; pipeline company did not 

provide formal notice to all landowners; previous 

industry accidents noted; alternate sites requested 

away from homes and schools. 

1.0, 2.0, 4.12, 3.0 

 

Health and Safety Proximity to residences and Whisconier Middle 

School; zoning at the project site is residential; 

strong gas odors in the air already; plans for 

senior home nearby; fire and explosion hazard; 

hydrocarbons storage and disposal 

policies/practices. 

4.8, 3.0, 4.12 

 

Water Supply East Branch Reservoir drainage on project site 

where phosphorous levels are already high; filterseparator and associated hydrocarbon liquids 

handling facilities pose risk of pollution to ground 

waters. 

4.3 

 

Wetlands Disturbance of existing wetlands and streams; 

stormwater runoff; risk of erosion and 

sedimentation. 

4.3, 4.7, 4.2 

 
 1.0 INTRODUCTION

 1-14 

Table 1.3-3 

Issues Identified From Comments Received During the Public Scoping Process 

for the Algonquin Ramapo Expansion Project 

Issue Comments 

EIS Section 

Where Comment 

is Addressed 

Soils Must minimize the extent of new impervious 

surfaces using a porous alternative to asphalt; 

erosion issues. 

4.2, 4.3 

 

Air Quality and Noise Adverse impact on air quality by NOXs, VOCs, 

mercury and particulate emissions released; 

cancer causing pollutants; constant noise 

associated with compressor stations. 

4.11, 4.12 

1.3.4 Identified Issues on the Iroquois MarketAccess Project 

A summary of the scoping comments received on the Iroquois MarketAccess Project is provided 

in Table 1.3-4. 

Table 1.3-4 

Issues Identified From Comments Received During the Public Scoping Process 

for the Iroquois MarketAccess Project 

Issue Comments 

EIS Section 

Where Comment 

is Addressed 

General Project expanded since original approval; pipeline 

company’s prior environmental violations; 

pipeline company not prepared at meetings; lack 

of communication from pipeline company; 3 

pipelines meet at location; will cause economic 

hardship; Iroquois maps not accurate; alternative 

sites requested; questions on further expansion. 

1.0, 2.0, 4.8, 3.0 

 

Health and Safety Proximity to homes and Whisconier Middle 

School (1,200 population); the area is zoned 

residential; one access road to site and residential 

development; freight train line nearby; security 

and terrorism concerns; fires and explosion 

hazards; 3 pipelines converging in one area 

increase the risk and possibly becoming a single 

point of failure; site is in a “High Consequence 

Area”; over 30 new homes added to the area since 

application; Brookfield not equipped to handle a 

catastrophic accident; electric lines nearby; 

terrorism concerns; radiant heat flux exposure in 

the case of an incident; medical problems 

associated with the gas odor. 

4.8, 4.12 

 
 1.0 INTRODUCTION

 1-15 

Table 1.3-4 

Issues Identified From Comments Received During the Public Scoping Process 

for the Iroquois MarketAccess Project 

Issue Comments 

EIS Section 

Where Comment 

is Addressed 

Water Supply Project site on top of a major aquifer. 4.3 

 

Wetlands Project site near ponds and wetlands including an 

11-acre pond nearby; negative impact to aquatic 

ecosystem. 

4.3, 4.4, 4.7 

 

Soils Contaminants such as PCBs. 4.13 

Air Quality and Noise Noise associated with pumping station and blowoffs; emissions affecting air quality; Iroquois 

responsibility for odor problems; possible 

decrease in air quality detrimental to those with 

health problems; prevailing winds carry emissions 

to homes at higher elevations; 50-ft. stack at lower 

elevation may not be sufficient to carry emissions 

away. 

4.11, 4.12 

 

Visual Resources Brookfield neighbor coalition should be consulted 

for input on landscaping and other visual issues 

concerning the nearby neighborhood; increased 

security lighting affects on area; use of older 

growth trees requested to provide immediate 

effect from visual disturbances; 50-ft. stack would 

be viewed from many residential locations. 

4.8 

 

Fish and Wildlife Fishing ponds nearby; wildlife refuge on 65-acre 

site; nesting area for many mammals; migratory 

bird stop. 

4.4, 4.6, 4.8 

 

Quality of Life General deterioration of quality of life; possible 

increase in homeowners insurance premiums for 

nearby residences; legal questions of 

compensation in the case of damages or injuries; 

will be living in fear; possible decrease in land 

values. 

This FSEIS was mailed to the agencies, individuals, and organizations on the mailing list 

included in appendix A, which includes the agencies, local governments, elected officials, interveners, 

and individuals who filed comments with the Commission on this proceeding. In addition, this FSEIS 

was submitted to EPA for a formal notice of availability. In accordance with the CEQ’s regulations 

implementing NEPA, no agency decision on a proposed action may be made until 30 days after the EPA 

publishes a notice of availability of the FSEIS. However, the CEQ regulations provide an exception to 

this rule when an agency decision is subject to a formal internal process that allows other agencies or the 
 1.0 INTRODUCTION

 1-16 

public to make their views known. In such cases, the agency decision may be made at the same time as 

the notice of the FSEIS is published, allowing both periods to run concurrently. Should the Commission 

authorize the proposed NE-07 Project, it would be subject to a 30-day rehearing period. Therefore, the 

Commission could issue its decision concurrently with the EPA’s notice of availability. 

1.4 NONJURISDICTIONAL FACILITIES 

Under section 7(c) of the NGA, the Commission is required to consider, as part of a decision to 

certificate jurisdictional facilities, all factors bearing on the public convenience and necessity. The 

jurisdictional facilities for the NE-07 Project are summarized at the beginning of this section and 

described in detail in section 2.1. Nonjurisdictional facilities are facilities that the NE-07 Project 

applicants’ market customers or other parties would need to construct to accommodate the gas supplies or 

other conditions that would result from the NE-07 Project, but that are not under the Commission’s 

jurisdiction (and therefore, would not require the specific review and approval under the Commission’s 

regulations and procedures). Each applicant has identified the nonjurisdictional facilities required in 

conjunction with their respective proposed project components, as described in the following subsections. 

The Commission has adopted a four-factor procedure developed by the COE to determine 

whether there is sufficient federal control and responsibility over a project as a whole to warrant 

environmental analysis of related nonjurisdictional facilities. These factors include: 

(1) Whether the regulated activity comprises “merely a link” in a corridor-type project (e.g., a 

transportation or utility transmission project); 

(2) Whether there are aspects of the nonjurisdictional facility in the immediate vicinity of the 

regulated activity that affects the location and configuration of the regulated activity; 

(3) The extent to which the entire project would be within the Commission’s jurisdiction; and, 

(4) The extent of cumulative federal control and responsibility. 

Millennium 

Millennium states that Orange and Rockland Utilities (O&R) intends to make modifications to its 

distribution system in proximity to Line A-5 to ensure that it has maximum flexibility to continue to 

receive gas from Columbia via Line A-5 during the Millennium construction period. Millennium further 

states that none of O&R's modifications would connect directly to Millennium's facilities. O&R would 

relocate about 475 feet of its 4-inch-diameter distribution pipeline that is immediately adjacent to Line A5 at the Sloatsburg M&R Station (MP 373.3). The line would be relocated about 15 feet from its current 

location along Line A-5. The Phase I Project would not be constructed to meet the need of O&R, it 

would not be constructed “but for” O&R. O&R is a Columbia customer and would continue to be a 

customer of Columbia’s after the Phase I Project facilities are placed in service. O&R advised 

Millennium that it would obtain all necessary permits and clearances for its modifications, and that its 

facilities (and modifications thereto) are under the jurisdiction of the New York State Public Service 

Commission (NYSPSC) (see http://www.dps.state.ny.us/gasu.html). Under these circumstances, the 

Commission does not believe it necessary to apply the four-factor test to determine whether these 

nonjurisdictional facilities should be considered in its NEPA review process. In particular, (1) its project 

would not be "merely a link" in a corridor type project as relates to the local distribution system 

modifications planned by O&R; (2) there would be no aspects of O&R's modifications which would 

uniquely determine the location and configurations of Millennium's facilities; (3) none of O&R's facility 

modifications would be under the Commission's jurisdiction but are now and will continue to be under the 

jurisdiction of the NYSPSC; and, (4) we are not aware of any significant federal control or responsibility 

that will exist over O&R's facility modifications. Therefore, we believe the Commission’s control and 
 1.0 INTRODUCTION

 1-17 

responsibility over this nonjurisdictional facility is not sufficient to consider it a federal action in the 

environmental review. 

Empire 

Empire states that, with the exception of project facilities that would qualify (for purposes of 

future modifications, relocation or abandonment) as “auxiliary facilities” under section 2.55(a) of the 

Commission’s regulations, there are no nonjurisdictional facilities associated with the Empire Connector 

Project. 

Based on the definition of nonjurisdictional facilities as those facilities related to the project that 

will be constructed, owned, and operated by others and are not subject to Commission jurisdiction, 

Empire noted that local, municipal potable water and sewer services are not available in the vicinity of the 

proposed Oakfield CS. Therefore, water would be supplied by an onsite well (to be installed), and 

drinking water may also be supplied to the site by a bottled water vendor. Sanitary wastewater would be 

disposed of through an onsite septic system or would be pumped for offsite disposal from an underground 

holding tank (to be constructed). Electricity to the compressor station would be provided by Niagara 

Mohawk (NiMo), and electrical requirements and system availability will be reviewed as the compressor 

station design advances. Based on initial coordination discussions with NiMo, the existing power 

available at Lockport Road would be sufficient to meet the expected electrical needs of the compressor 

station. Power service would be extended from Lockport Road to the compressor station via new power 

lines along the proposed access road. Telephone service also would be brought in from Lockport Road 

along the power poles or supplied by a cellular service. 

Empire states that the project would have little or no impact associated with nonjurisdictional 

facilities for the reasons discussed above; and states that these nonjurisdictional facilities would result in 

no significant impacts to threatened or endangered species or critical habitats, historic or cultural 

resources, as discussed in section 4 of this FSEIS. Based on the limited extent and impacts of these nonjurisdictional facilities, the Commission believes that the Commission’s control and responsibility over 

these nonjurisdictional facilities is not sufficient to consider it a federal action in the environmental 

review. 

Algonquin 

Algonquin states that there are no non-jurisdictional facilities proposed as a part of or in 

association with the Ramapo Expansion Project. 

Iroquois 

Iroquois states that it is not aware of any new non-jurisdictional facilities necessary for its 

MarketAccess Project to provide the additional transportation service to Con Edison. However, Iroquois 

states that part of the Brookfield CS work, an electric utility line will need to be extended. During a 

meeting with Connecticut Light & Power Company (CL&P), the local electrical utility for the area, 

CL&P indicated that the power lines on High Meadow Road and adjacent to the proposed compressor 

station site are adequately sized to provide all of the necessary electrical power to the proposed 

compressor station. CL&P would extend an underground electrical service from a power pole just outside 

of the property of High Meadow Road, along the existing fence line, to a transformer just east of the 

proposed Control Building. As such, no new nonjurisdictional facilities would need to be constructed or 

special permits obtained to service this facility. In conclusion, overall consideration of the four factors 

suggests that the Commission’s control and responsibility over the identified nonjurisdictional facilities is 

not sufficient to become a federal action in this environmental review. Nevertheless, construction of 
 1.0 INTRODUCTION

 1-18 

these customer facilities and reasonably foreseeable projects related to the proposed NE-07 Project are 

addressed in the cumulative impacts analysis in section 4.14 of this FSEIS.