[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Page 56084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22935]



[[Page 56084]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-493-000; PF10-5-000]


Empire Pipeline, Inc.; Notice of Application

September 3, 2010.
    Take notice that on August 26, 2010, Empire Pipeline, Inc. 
(Empire), 6363 Main Street, Williamsville, New York 14221, filed an 
application in Docket No. CP10-493-000 pursuant to sections 7(b) and 
7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's 
Regulations, for a certificate of public convenience and necessity to 
construct and operate its Tioga County Extension Project. Specifically, 
the Tioga County Extension Project consists of (1) approximately 16 
miles of 24-inch diameter natural gas pipeline extending Empire's 
existing system from its interconnection with the facilities of 
Millennium Pipeline Company, L.P. in Corning, New York to new producer 
interconnections in Tioga County, Pennsylvania; (2) a new 
interconnection with Tennessee Gas Pipeline Company in Hopewell, New 
York; (3) replacement of approximately 1.3 miles of Empire's existing 
pipeline in Victor, New York, and (4) modifications to its Oakfield 
Compressor Station to permit bi-directional flow on its system.\1\ 
Empire states that the project will result in additional firm capacity 
of 350,000 Dth per day. The estimated cost of the Tioga County 
Extension Project is approximately $45.9 million. A more detailed 
description of the project is available in the application which is on 
file with the Commission and open for public inspection.
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    \1\ In Docket No. CP10-136, Empire requested authorization under 
Section 3 of the NGA to allow the exportation of gas using its 
existing border facilities.
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    This filing is available for review at the Commission in the Public 
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the ``e-Library'' link. Enter the docket number 
excluding the last three digits in the docket number field to access 
the document. For assistance, contact FERC at 
<a href="/cdn-cgi/l/email-protection#fbbdbea9b8b4959792959ea88e8b8b94898fbb9d9e8998d59c948d"><span class="__cf_email__" data-cfemail="eaacafb8a9a5848683848fb99f9a9a85989eaa8c8f9889c48d859c">[email protected]</span></a> or call toll-free, (866) 208-3676, or for 
TTY, (202) 502-8659. Any questions regarding this application should be 
directed to David W. Reitz, counsel for Empire, 6363 Main Street, 
Williamsville, New York 14221, (716) 857-7949, or <a href="/cdn-cgi/l/email-protection#5321363a272937133d32273526363f7d303c3e"><span class="__cf_email__" data-cfemail="5d2f38342927391d333c293b283831733e3230">[email protected]</span></a>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, 
within 90 days of this Notice the Commission staff will either complete 
its environmental assessment (EA) and place it into the Commission's 
public record (eLibrary) for this proceeding; or issue a Notice of 
Schedule for Environmental Review. If a Notice of Schedule for 
Environmental Review is issued, it will indicate, among other 
milestones, the anticipated date for the Commission staff's issuance of 
the final environmental impact statement (FEIS) or EA for this 
proposal. The filing of the EA in the Commission's public record for 
this proceeding or the issuance of a Notice of Schedule for 
Environmental Review will serve to notify Federal and State agencies of 
the timing for the completion of all necessary reviews, and the 
subsequent need to complete all Federal authorizations within 90 days 
of the date of issuance of the Commission staff's FEIS or EA.
    On January 28, 2010, the Commission staff granted Empire's request 
to utilize the Pre-Filing Process and assigned Docket No. PF10-5 to 
staff activities involved with the Tioga County Extension Project. Now, 
as of the filing of this application on August 26, 2010, the NEPA Pre-
Filing Process for this project has ended. From this time forward, this 
proceeding will be conducted in Docket No. CP10-493, as noted in the 
caption of this notice.
    There are two ways to become involved in the Commission's review of 
this project. First, any person wishing to obtain legal status by 
becoming a party to the proceedings for this project should, on or 
before the comment date stated below file with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a 
motion to intervene in accordance with the requirements of the 
Commission's Rules of Practice and Procedure (18 CFR 385.214 or 
385.211) and the Regulations under the NGA (18 CFR 157.10). A person 
obtaining party status will be placed on the service list maintained by 
the Secretary of the Commission and will receive copies of all 
documents filed by the applicant and by all other parties. A party must 
submit 14 copies of filings made in the proceeding with the Commission 
and must mail a copy to the applicant and to every other party. Only 
parties to the proceeding can ask for court review of Commission orders 
in the proceeding.
    However, a person does not have to intervene in order to have 
comments considered. The second way to participate is by filing with 
the Secretary of the Commission, as soon as possible, an original and 
two copies of comments in support of or in opposition to this project. 
The Commission will consider these comments in determining the 
appropriate action to be taken, but the filing of a comment alone will 
not serve to make the filer a party to the proceeding. The Commission's 
rules require that persons filing comments in opposition to the project 
provide copies of their protests only to the party or parties directly 
involved in the protest.
    Persons who wish to comment only on the environmental review of 
this project should submit an original and two copies of their comments 
to the Secretary of the Commission. Environmental commenters will be 
placed on the Commission's environmental mailing list, will receive 
copies of the environmental documents, and will be notified of meetings 
associated with the Commission's environmental review process. 
Environmental commenters will not be required to serve copies of filed 
documents on all other parties. However, the non-party commenters will 
not receive copies of all documents filed by other parties or issued by 
the Commission (except for the mailing of environmental documents 
issued by the Commission) and will not have the right to seek court 
review of the Commission's final order.
    Protests and interventions may be filed electronically via the 
Internet in lieu of paper; see, 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's Web site under the ``e-Filing'' link. 
The Commission strongly encourages electronic filings.
    Comment Date: September 24, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-22935 Filed 9-14-10; 8:45 am]
BILLING CODE 6717-01-P


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