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[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59258-59260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23421]

[[Page 59258]]

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DEPARTMENT OF ENERGY

[OE Docket No. PP-362]

Record of Decision for Issuing a Presidential Permit to Champlain 
Hudson Power Express, Inc., for the Champlain Hudson Power Express 
Transmission Line Project

AGENCY: Office of Electricity Delivery and Energy Reliability, U.S. 
Department of Energy.

ACTION: Record of decision.

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SUMMARY: The Department of Energy (DOE) announces its decision to issue 
a Presidential permit to Champlain Hudson Power Express, Inc. (CHPEI), 
to construct, operate, maintain, and connect an electric transmission 
line across the U.S./Canada border in northeastern New York State. The 
potential environmental impacts associated with the transmission line 
are analyzed in the Environmental Impact Statement for the Champlain 
Hudson Power Express Transmission Line Project (DOE/EIS-0447). The 
transmission line would cross the U.S./Canada border near the town of 
Champlain, New York, and extend southward approximately 336 miles to 
the Consolidated Edison Company of New York, Inc., (ConEd) Rainey 
substation in Queens, New York.

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 Champlain Hudson Power Express (CHPE) EIS Web site at http://www.chpexpresseis.org. Copies of the Final EIS and ROD are also 
available for review at the following locations:

 Queens Library--Steinway, 21-45 31 Street (Ditmars Boulevard), 
Long Island City, NY 11105.
 Yonkers Public Library--Riverfront Library, 1 Larkin Center, 
Yonkers, NY 10701.
 Rose Memorial Library, 79 East Main Street, Stony Point, NY 
10980.
 Kingston Public Library, 55 Franklin Street, Kingston, NY 
12401.
 Schenectady County Public Library, 99 Clinton Street, 
Schenectady, NY 12305.
 Crandall Public Library, 251 Glen Street, Glens Falls, NY 
12801.
 Plattsburgh Public Library, 19 Oak Street, Plattsburgh, NY 
12901.

    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 Brian.Mills@hq.doe.gov.

FOR FURTHER INFORMATION CONTACT: For further information on the CHPE 
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 askNEPA@hq.doe.gov; 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 January 25, 2010, CHPEI, a private company, applied to DOE for a 
Presidential permit to construct, operate, maintain, and connect a 
1,000-megawatt (MW), high-voltage direct current (HVDC) merchant 
electric power transmission system across the U.S./Canada border. The 
proposed CHPE Project would cross the international border from Canada 
into the U.S. under water in the Town of Champlain, New York, and 
extend approximately 336 miles (541 kilometers [km]) south through New 
York State to Queens, New York. The aquatic portions of the 
transmission line would primarily be buried in sediments of Lake 
Champlain and the Hudson, Harlem, and East rivers; concrete mats would 
be used where the line could not be buried due to presence of exposed 
bedrock or crossing of other utility infrastructure. The terrestrial 
portions of the line would be buried within existing roadway and 
railroad rights-of-way. The project would include installation and 
operation of approximately 16 cooling stations along the terrestrial 
portions of the route and an HVDC converter station in Astoria, Queens, 
New York. The proposed line would be constructed and owned by CHPEI.

Consultation

    Pursuant to Section 7 of the Endangered Species Act, DOE has 
consulted with the U.S. Fish and Wildlife Service (USFWS) and the 
National Marine Fisheries Service (NMFS) regarding the potential 
impacts on federally listed threatened or endangered species in the 
area of the proposed CHPE Project, and DOE has prepared a Biological 
Assessment (BA). The USFWS on September 10, 2014, submitted a letter to 
DOE concurring with the findings of the Final EIS and the BA that the 
proposed CHPE Project: ``may affect, but is not likely adversely affect 
the endangered Indiana bat (Myotis sodalis), Karner blue butterfly 
(Lycaeides melissa samuelis), or the proposed endangered northern long-
eared bat (Myotis septentrionalis)'' and would result in no effect to 
other listed species. Based on these comments, DOE is conditioning its 
Presidential permit to require the Applicant to comply with all 
practicable means to avoid or minimize environmental harm from the 
alternative selected as required by the USFWS. The NMFS concurred on 
September 18, 2014, with DOE's findings that ``the CHPE project is not 
likely to adversely affect any ESA-listed species under our 
jurisdiction during construction or over the lifetime of its operation. 
Therefore, no further consultation pursuant to section 7 of the ESA is 
required.''
    DOE has also consulted with the NMFS regarding impacts pursuant to 
the Magnuson-Stevens Fishery Conservation and Management Act and has 
prepared an Essential Fish Habitat (EFH) Assessment. NMFS provided its 
conservation recommendations (to suspend in-water work during spawning, 
early life stages, and migration seasons of aquatic species; monitor 
re-establishment of conditions and contours after transmission line 
installation; and establish a compensatory mitigation plan for adverse 
impacts to aquatic habitats) on August 19, 2014. DOE has no objection 
to these recommendations.
    Consultation with the New York State Historic Preservation Office 
(SHPO) under Section 106 of the National Historic Preservation Act has 
also occurred and a historic properties programmatic agreement (PA) 
between DOE and the New York SHPO has been

[[Page 59259]]

executed. The PA requires CHPE to prepare a Cultural Resources 
Management Plan, which will meet the survey, data collection and 
mitigation measures necessary as identified by the New York SHPO.

NEPA Review

    On June 18, 2010, DOE issued a Notice of Intent (NOI) (75 FR 34720) 
to prepare an EIS for the CHPE Project and conducted public scoping. On 
April 30, 2012, DOE issued an Amended NOI to modify the scope of the 
EIS to reflect Applicant-proposed revisions to the proposed CHPE 
Project and conducted additional public scoping (77 FR 25472).
    On November 1, 2013, the U.S. Environmental Protection Agency (EPA) 
published a Notice of Availability (NOA) of the Draft EIS (78 FR 
65643), that began a 45-day public review period, which DOE later 
extended by 30 days (78 FR 76140). DOE held four public hearings on the 
Draft EIS and received more than 100 comments on the Draft EIS. 
Concerns raised in these comments included potential impacts on 
navigation safety (e.g., whether anchors would snag the transmission 
line or material placed over the line), aquatic and terrestrial 
protected and sensitive species, historic resources (including 
gravesites, particularly near Stony Point, New York, where the 
transmission line would be installed under historic sites via 
horizontal directional drilling) and transportation and traffic. 
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. 
DOE issued the Final EIS in August 2014 (79 FR 48140).
    The U.S. Environmental Protection Agency (USEPA) Region 2, the New 
York District of the U.S. Army Corps of Engineers (USACE), the New York 
Field Office (Region 5) of the USFWS, the U.S. Coast Guard (USCG), the 
New York State Department of Public Service (NYSDPS), and the New York 
State Department of Environmental Conservation (NYSDEC) were identified 
and participated as cooperating agencies in the preparation of the EIS. 
The U.S. Army Corps of Engineers will use the EIS in its decisionmaking 
for the permits required pursuant to Section 10 of the Rivers and 
Harbors Act of 1899 and Section 404 of the Clean Water Act. The Corps 
will issue its own ROD.

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 CHPE Project 
facilities. Under the No Action Alternative, DOE would not issue a 
Presidential permit for the proposed CHPE 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 border to the ConEd 
substation in Queens, New York.

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, 
visual resources, infrastructure, recreation, public health and safety, 
hazardous materials and wastes, air quality, noise, socioeconomics, 
environmental justice, and cumulative impacts.
    Analysis of the potential environmental impacts of the Proposed 
Action on each resource area (Section 5 of the EIS) assumes the 
implementation of all CHPEI-proposed measures to avoid or minimize 
adverse impacts (Appendix G of the EIS).
    In a floodplain statement of findings (Appendix S of the EIS), DOE 
prepared a floodplain assessment and has determined that the proposed 
CHPE Project would avoid floodplains to the maximum extent practicable, 
that appropriate measures to minimize potential harm to or within the 
floodplains would be taken, and that the project would comply with 
applicable floodplain protection standards.
    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

    On September 12, 2014, the USACE submitted a comment letter on the 
Final EIS that states that the Applicant has supplemented its Clean 
Water Act Section 404 permit application, which demonstrates a change 
in the proposed CHPE Project's wetland impacts as follows:
     The proposed CHPE Project's permanent impact on forested 
wetlands would be reduced to 0.6 acres from 2.0 acres, and
     The proposed CHPE Project's permanent impact on emergent 
or scrub-shrub wetlands would increase from 8.3 acres to 9.7 acres.
    These revised impact calculations do not result in any change in 
the wetland impact findings in the Final EIS.
    On September 15, 2014, comments were received from Gale Pisha, a 
private citizen, through the CHPE EIS Web site asking that the 
Presidential permit not be issued and providing comments with respect 
to how the EIS addressed impacts in Canada, possible effects on 
electricity supplies and prices in New York State, the use of park 
land, and possible safety concerns from cumulative impacts due to the 
construction of the proposed CHPE line and an identified, foreseeable 
natural gas pipeline project. Discussion and analysis of these issues 
are adequately addressed in the Final EIS in Sections 1.7.4 (impacts in 
Canada), 1.2 (electricity supplies), 1.4 (electricity pricing in New 
York State), 5.2.1 (use of park land), and 2.4.9 and 2.4.10 (cumulative 
impacts).
    The Port of New York/New Jersey Tug and Barge Committee submitted a 
letter dated September 8, 2014, stating that they continued to oppose 
the issuance of a Presidential permit due to the potential for anchor 
snags and interference with compass readings. Section 5.1.2 of the 
Final EIS addressed these issues and determined that such impacts from 
the project to anchor snags and interference to compass readings would 
not be considered significant. The NYSDPS submitted a comment letter on 
the Final EIS on September 15, 2014, stating that the EIS analysis and 
mitigation measures are consistent with the terms and conditions of the 
Certificate of Environmental Compatibility and Public Need issued by 
the New York State Public Service Commission (NYSPSC).
    The American Waterways Operators (AWO) submitted a letter dated 
September 15, 2014, stating that they oppose the issuance of a 
Presidential permit due to the potential for anchor snags unless the 
cable is buried to at least 15 feet in depth in Congressionally-
authorized channels. Anchor snags and burial depths are addressed in 
Sections 5.1.2 and 5.3.2 of the Final EIS and it was determined that 
impacts from such would not be considered significant.
    The USCG commented on September 15, 2014, that additional 
consultation and measures are required to reduce the potential impacts 
on mariners and the environment from risks associated with constructing 
and operating the transmission line, including the potential for anchor 
snags. Based on these comments, DOE is conditioning its

[[Page 59260]]

Presidential permit to require the Applicant to undertake a revised 
Navigation Risk Assessment in consultation with the USCG, and to 
involve the USCG in the preparation of the Environmental Management & 
Construction Plan with respect to the final location and design of the 
transmission cables and the communication procedures and notifications 
for the construction and operation of the transmission line.
    New York State Assemblyman James Skoufis provided a comment letter 
on September 15 that identified an inconsistency with maps of the 
project route, expressed a concern over when and where the Applicant 
might use eminent domain to acquire property, and questioned whether 
the EIS adequately addressed the potential impacts of construction of 
the proposed CHPE Project on overland areas within Rockland County. DOE 
notes that the route maps used in the EIS are the same as provided to 
the NYSPSC by the Applicant and incorporated into the Certificate 
issued by the NYSPSC, that any land acquisitions would be conducted in 
accordance with New York State law and as provided in the NYSPSC 
Certificate, and that land acquisition and construction impacts in 
Rockland County are addressed in EIS Sections 5.3.1, 5.3.3, 5.3.9, and 
5.3.17, respectively.
    All comments received on the Final EIS are available in the CHPE 
EIS Web site Document Library.

Decision

    DOE has decided to issue Presidential Permit PP-362 to authorize 
CHPEI to construct, operate, maintain, and connect a 1,000-MW HVDC 
transmission line across the U.S./Canada border. The permit will 
include conditions requiring CHPEI to implement the Applicant-proposed 
avoidance and minimization measures identified in the EIS, as well as 
those conditions described above concerning the USFWS and USCG.

Basis for Decision

    DOE's decision to grant this Presidential permit is based on 
consideration of the potential 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 
February and June of 2014).
    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 considered the operation of the electrical grid with 
a specified maximum amount of electric power transmitted over the 
proposed line. DOE reviewed the reliability studies conducted by CHPEI 
and by New York Independent System Operator (NYISO). These studies are 
available on the CHPE EIS Web site at http://www.chpexpresseis.org. DOE 
also considered NYISO's interconnection standards and its restrictions 
on any requested transmission service to and from the proposed 
interconnection.
    DOE did not select the No Action Alternative because the Proposed 
Action has been determined to be consistent with the public interest.

Mitigation

    All practicable means to avoid or minimize environmental harm from 
the alternative selected have been, or will be, adopted. CHPEI-proposed 
measures to avoid and minimize adverse impacts are described in the 
EIS, the EFH Assessment, and the BA, and were further refined through 
consultations with the USFWS, USCG, USACE, and NMFS. All of these 
measures were incorporated into the Final EIS. CHPEI 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 CHPEI and state and federal 
agencies as part of approval and permitting processes.

    Issued in Washington, DC, on September 24, 2014.
Patricia A. Hoffman,
Assistant Secretary, Office of Electricity Delivery and Energy 
Reliability.
[FR Doc. 2014-23421 Filed 9-30-14; 8:45 am]
BILLING CODE 6450-01-P
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