[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65383-65388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20571]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-516-000]


East Tennessee Natural Gas, LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Ridgeline Expansion 
Project Request for Comments on Environmental Issues, and Schedule for 
Environmental Review

    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 Ridgeline Expansion 
Project (Project) involving construction and operation of facilities by 
East Tennessee Natural Gas, LLC (East Tennessee) in Trousdale, Smith, 
Jackson, Putnam, Overton, Fentress, Morgan, and Roane counties, 
Tennessee. The Commission will use this EIS in its decision-making 
process to determine whether the Project is in the public convenience 
and necessity. The schedule for preparation of the EIS is discussed in 
the Schedule for Environmental Review section of this notice.
    As part of the National Environmental Policy Act (NEPA) review 
process, the Commission takes into account concerns the public may have 
about proposals and the environmental impacts that could result 
whenever it considers the issuance of a Certificate of Public 
Convenience and Necessity. This gathering of public input is referred 
to as ``scoping.'' By notice issued on July 22, 2022 in Docket No. 
PF22-7-000, the Commission opened a scoping period during East 
Tennessee's planning process for the Project and prior to filing a 
formal application with the Commission, a process referred to as ``pre-
filing.'' East Tennessee has now filed an application with the 
Commission, and staff intends to prepare an EIS that will address the 
concerns raised during the pre-filing scoping process and comments 
received in response to this notice. By this notice, the Commission 
requests public comments on the scope of issues to address in the 
environmental document, including comments on potential alternatives 
and impacts, and any relevant information, studies, or analyses of any 
kind concerning impacts affecting the quality of the human environment. 
To ensure that your comments are timely and properly recorded, please 
submit your comments so that the Commission receives them in 
Washington, DC on or before 5:00 p.m. Eastern Time on October 18, 2023. 
Comments may be submitted in written form. Further details on how to 
submit comments are provided in the Public Participation section of 
this notice.
    As mentioned above, during the pre-filing process, the Commission 
opened a scoping period which expired on October 20, 2022; however, 
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held three scoping sessions to take oral 
scoping comments. Those sessions were held in Kingston, Hartsville, and 
Cookeville, Tennessee on October 3, 4, and 5, 2022, respectively. All 
substantive written and oral comments provided during pre-filing will 
be addressed in the EIS. Therefore, if you submitted comments on this 
Project to the Commission during the pre-filing process in Docket No. 
PF22-7-000, you do not need to file those comments again.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the proposed facilities. The company 
would seek to negotiate a mutually acceptable easement agreement. You 
are not required to enter into an agreement. However, if the Commission 
approves the Project, the Natural Gas Act conveys the right of eminent 
domain to the company. Therefore, if you and the company do not reach 
an easement agreement, the pipeline company could initiate condemnation 
proceedings in court. In such instances, compensation would be 
determined by a judge in accordance with State law. The Commission does 
not grant, exercise, or oversee the exercise of eminent domain 
authority. The courts have exclusive authority to handle eminent domain 
cases; the Commission has no jurisdiction over these matters.
    East Tennessee provided landowners with a fact sheet prepared by 
the FERC entitled ``An Interstate Natural Gas Facility On My Land? What 
Do I Need To Know?'' which addresses typically asked questions, 
including the use of eminent domain and how to participate in the 
Commission's proceedings. This fact sheet along with other landowner 
topics of interest are available for viewing on the FERC website 
(www.ferc.gov) under the Natural Gas, Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the 
Commission. The Commission encourages electronic filing of comments and 
has staff available to assist you at (866) 208-3676 or 
<a href="/cdn-cgi/l/email-protection#adebc8dfcee2c3c1c4c3c8fed8ddddc2dfd9edcbc8dfce83cac2db"><span class="__cf_email__" data-cfemail="561033243519383a3f383305232626392422163033243578313920">[email protected]</span></a>. Please carefully follow these instructions 
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. Using eComment is an easy method for 
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling 
feature, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. With eFiling, you can provide comments 
in a variety of formats by attaching them as a file with your 
submission. New eFiling users must first create an account by clicking 
on ``eRegister.'' You will be asked to select the type of filing you 
are making; a comment on a particular project is considered a ``Comment 
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the project docket number (CP23-
516-000) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called 
eSubscription. This service provides automatic notification of filings 
made to subscribed dockets, document summaries, and direct links to the 
documents. Go to https://www.ferc.gov/ferc-online/overview to register 
for eSubscription.
    The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#1a554a4a5a7c7f6879347d756c"><span class="__cf_email__" data-cfemail="f5baa5a5b593908796db929a83">[email protected]</span></a>.

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Summary of the Proposed Project, the Project Purpose and Need, and 
Expected Impacts

    East Tennessee proposes to construct, modify, install, own, and 
operate 122 miles of 30- and 24-inch-diameter pipeline in Trousdale, 
Smith, Jackson, Putnam, Overton, Fentress, Morgan, and Roane counties, 
Tennessee to deliver natural gas to the site of Tennessee Valley 
Authority's (TVA) Kingston Fossil Plant (Kingston Plant). TVA is 
evaluating options to replace coal-fired generation with gas-fired 
generation at the Kingston Plant; including the option of constructing 
a single gas-fired combined cycle gas plant paired with 16 dual-fuel 
aeroderivative combustion turbines at the same site.\1\ The Project 
would serve that option and provide about 300,000 dekatherms per day of 
new firm natural gas transportation capacity and up to 95,000 
dekatherms of Customized Delivery Service (i.e., parking capability) 
from multiple providers to TVA to meet fluctuating peaking power 
demands.
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    \1\ In its Kingston Fossil Plant Retirement Draft Environmental 
Impact Statement (88 FR 32215).
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    The Project would consist of the following facilities:
    <bullet> 110 miles of 30-inch-diameter mainline pipeline and 
approximately 4 miles of 30-inch-diameter header pipeline (collectively 
referred to as the Mainline);
    <bullet> 8 miles of 24-inch-diameter lateral pipeline (Lateral) to 
connect to the Kingston Plant;
    <bullet> a new compressor station (Hartsville Compressor Station) 
consisting of two centrifugal compressor packages driven by electric 
motor drives rated to 7,300 horsepower (HP) for a total of 14,600 HP;
    <bullet> a new meter and regulating (M&R) station to receive gas 
from Columbia Gulf Transmission, LLC (Columbia Gulf);
    <bullet> modifications to two existing M&R stations to receive gas 
from Texas Eastern Transmission, LP (Texas Eastern) and Midwestern Gas 
Transmission Company (Midwestern Gas);
    <bullet> a new delivery meter station to measure gas delivered to 
the Kingston Plant; and
    <bullet> related appurtenances.
    The general location of the Project facilities is shown in appendix 
1.\2\
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    \2\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of the appendices were sent to all 
those receiving this notice in the mail and are available at 
www.ferc.gov using the link called ``eLibrary''. For instructions on 
connecting to eLibrary, refer to the last page of this notice. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room. For assistance, contact FERC at 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="93d5d6c1d0dcfdfffafdf6c0e6e3e3fce1e7d3f5f6e1f0bdf4fce5">[email protected]</a> or call toll free, (886) 208-3676 or TTY 
(202) 502-8659.
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    Based on the environmental information provided by East Tennessee, 
construction of the proposed facilities would disturb about 2,514.5 
acres of land for the pipelines and aboveground facilities. Following 
construction, East Tennessee would maintain about 755.7 acres for 
operation of the Project facilities; the remaining acreage would be 
restored and revert to former uses. About 91 percent of the proposed 
pipeline route parallels the existing East Tennessee's 3100 Line and an 
additional 1.8 miles of the proposed pipeline would be collocated with 
an existing power transmission right-of-way.
    Based on an initial review of East Tennessee's proposal and public 
comments received during the pre-filing process, Commission staff have 
identified several expected impacts that deserve attention in the EIS. 
These include but are not limited to potential impacts on the Flynn 
Creek Impact Crater, Fort Blount, the Obed Wild & Scenic River and 
tributary crossings, socioeconomic and environmental justice concerns, 
water quality, threatened and endangered species, cultural resources, 
property values, safety concerns, and climate change.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could 
occur as a result of the construction and operation of the proposed 
Project under the relevant general resource areas:
    <bullet> geology and soils;
    <bullet> water resources and wetlands;
    <bullet> vegetation and wildlife;
    <bullet> threatened and endangered species;
    <bullet> cultural resources;
    <bullet> socioeconomics and environmental justice;
    <bullet> land use;
    <bullet> air quality and noise; and
    <bullet> reliability and safety.
    Commission staff will also make recommendations on how to lessen or 
avoid impacts on the various resource areas. Your comments will help 
Commission staff focus its analysis on the issues that may have a 
significant effect on the human environment.
    The EIS will present Commission staff's independent analysis of the 
issues. The U.S. Army Corps of Engineers, U.S. Environmental Protection 
Agency, U.S. Fish and Wildlife Service, and National Park Service are 
cooperating agencies in the preparation of the EIS.\3\ Staff will 
prepare a draft EIS which will be issued for public comment. Commission 
staff will consider all timely comments received during the comment 
period on the draft EIS and revise the document, as necessary, before 
issuing a final EIS. Any draft and final EIS will be available in 
electronic format in the public record through eLibrary \4\ and the 
Commission's natural gas environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental- 
documents). If eSubscribed, you will receive instant email notification 
when the environmental document is issued.
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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40 Code of Federal 
Regulations (CFR), Section 1501.8 (2021).
    \4\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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Alternatives Under Consideration

    The EIS will evaluate reasonable alternatives that are technically 
and economically feasible and meet the purpose and need for the 
proposed action.\5\ Alternatives currently under consideration include:
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    \5\ 40 CFR 1508.1(z).
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    <bullet> the no-action alternative, meaning the Project is not 
implemented;
    <bullet> existing natural gas transportation system alternatives;
    <bullet> pipeline alternatives; and
    <bullet> aboveground facility alternatives.
    With this notice, the Commission requests specific comments 
regarding any additional potential alternatives to the proposed action 
or segments of the proposed action. Please focus your comments on 
reasonable alternatives (including alternative facility sites and 
pipeline routes) that meet the Project objectives, are technically and 
economically feasible, and avoid or lessen environmental impact.

Consultation Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, the Commission is using this notice to initiate 
section 106 consultation with the applicable State Historic 
Preservation Office(s), and other government agencies, interested 
Indian tribes, and the public to solicit their views and concerns 
regarding the Project's potential effects on historic properties.\6\ 
The EIS will document findings on the impacts on historic

[[Page 65385]]

properties and summarize the status of consultations under section 106.
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    \6\ The Advisory Council on Historic Preservation's regulations 
are at Title 36 CFR part 800. Those regulations define historic 
properties as any prehistoric or historic district, site, building, 
structure, or object included in or eligible for inclusion in the 
National Register of Historic Places.
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Schedule for Environmental Review

    On July 28, 2023, the Commission issued its Notice of Application 
for the Project. Among other things, that notice alerted other agencies 
issuing Federal authorizations of the requirement to complete all 
necessary reviews and to reach a final decision on the request for a 
Federal authorization within 90 days of the date of issuance of the 
Commission staff's final EIS for the Project. This notice identifies 
the Commission staff's planned schedule for completion of the final EIS 
for the Project, which is based on an issuance of the draft EIS in 
February 2024.

Issuance of Notice of Availability of the final EIS--September 20, 2024
90-day Federal Authorization Decision Deadline \7\--December 19, 2024
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    \7\ The Commission's deadline applies to the decisions of other 
Federal agencies, and state agencies acting under federally 
delegated authority, that are responsible for Federal 
authorizations, permits, and other approvals necessary for proposed 
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the 
Commission's deadline for other agency's decisions applies unless a 
schedule is otherwise established by Federal law.

    If a schedule change becomes necessary for the final EIS, an 
additional notice will be provided so that the relevant agencies are 
kept informed of the Project's progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations 
for the Project required under Federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is 
not listed here. Agencies with jurisdiction by law and/or special 
expertise may formally cooperate in the preparation of the Commission's 
EIS and may adopt the EIS to satisfy its NEPA responsibilities related 
to this Project. Agencies that would like to request cooperating agency 
status should follow the instructions for filing comments provided 
under the Public Participation section of this notice.

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              Agency                               Permit
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Federal Energy Regulatory           Certificate of Public Convenience
 Commission.                         and Necessity under Section 7(c) of
                                     the NGA.
U.S. Army Corps of Engineers,       Authorization under Section 404 of
 Nashville District.                 the Clean Water Act and Section 10
                                     of the Rivers and Harbors Act;
                                     Permission under Section 14 of the
                                     Rivers and Harbors Act (Section
                                     408).
Tennessee Valley Authority........  Section 26a of the Tennessee Valley
                                     Authority Act Authorization.
U.S. Fish and Wildlife Service,     Consultation under Section 7 of the
 Tennessee Field Office.             Endangered Species Act, Bald and
                                     Golden Eagle Protection Act, and
                                     Migratory Bird Treaty Act.
Tennessee Department of             Section 401 Water Quality
 Environment and Conservation,       Certification (Joint Application
 Water Division.                     with U.S. Army Corps of Engineers).
Tennessee Historical Commission...  National Historic Preservation Act,
                                     Section 106 Consultation.
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Environmental Mailing List

    This notice is being sent to the Commission's current environmental 
mailing list for the Project which includes Federal, State, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; Native American Tribes; other 
interested parties; and local libraries and newspapers. This list also 
includes all affected landowners (as defined in the Commission's 
regulations) who are potential right-of-way grantors, whose property 
may be used temporarily for Project purposes, or who own homes within 
certain distances of aboveground facilities, and anyone who submits 
comments on the Project and includes a mailing address with their 
comments. Commission staff will update the environmental mailing list 
as the analysis proceeds to ensure that Commission notices related to 
this environmental review are sent to all individuals, organizations, 
and government entities interested in and/or potentially affected by 
the proposed Project. State and local government representatives should 
notify their constituents of this proposed project and encourage them 
to comment on their areas of concern.
    If you need to make changes to your name/address, or if you would 
like to remove your name from the mailing list, please complete one of 
the following steps:
    Send an email to <a href="/cdn-cgi/l/email-protection#2265435172504d4847415663464650475151614a434c454762444750410c454d54"><span class="__cf_email__" data-cfemail="adeaccdefddfc2c7c8ced9ecc9c9dfc8dedeeec5ccc3cac8edcbc8dfce83cac2db">[email protected]</span></a> stating your 
request. You must include the docket number CP23-516-000 in your 
request. If you are requesting a change to your address, please be sure 
to include your name and the correct address. If you are requesting to 
delete your address from the mailing list, please include your name and 
address as it appeared on this notice. This email address is unable to 
accept comments.
    OR
    (1) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the Project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC website at www.ferc.gov using the eLibrary link. Click on the 
eLibrary link, click on ``General Search'' and enter the docket number 
in the ``Docket Number'' field, excluding the last three digits (i.e., 
CP23-516). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#2f694a5d4c60414346414a7c5a5f5f405d5b6f494a5d4c01484059"><span class="__cf_email__" data-cfemail="5d1b382f3e1233313433380e282d2d322f291d3b382f3e733a322b">[email protected]</span></a> or (866) 208-3676, or for TTY, contact (202) 
502-8659. The eLibrary link also provides access to the texts of all 
formal documents issued by the Commission, such as orders, notices, and 
rulemakings.
    Public sessions or site visits will be posted on the Commission's 
calendar located at https://www.ferc.gov/news-events/events along with 
other related information.

    Dated: September 18, 2023.
Kimberly D. Bose,
Secretary.
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[FR Doc. 2023-20571 Filed 9-21-23; 8:45 am]
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