[Federal Register: November 25, 2002 (Volume 67, Number 227)]
[Notices]
[Page 70589-70592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no02-54]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP02-90-001]
AES Ocean Express, L.L.C.; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Ocean Express Pipeline
Project, Request for Comments on Environmental Issues, and Notice of a
Public Scoping Meeting and Site Visit
November 19, 2002.
On February 21, 2002, AES Ocean Express, L.L.C. (Ocean Express)
filed its Application for Certificates of Public Convenience and
Necessity for authorization to own, construct, operate and maintain a
new 24-inch diameter, approximately 54.3-mile interstate natural gas
pipeline extending from a receipt point on the Exclusive Economic Zone
(``EEZ'') boundary between the United States and the Bahamas to
delivery points in Broward County, Florida, together with certain
ancillary facilities. Shortly after Ocean Express filed that
application, on March 26, 2002, the Naval Surface Warfare Center,
Carderock Division (``NSWCCD'') filed a motion to intervene in which it
expressed concerns regarding the routing of the project and its
potential impacts on NSWCCD operations. Since that time, Ocean Express
and NSWCCD have met and reached an agreement in principle on measures
to resolve NSWCCD's technical and operational concerns regarding
construction, operation, and maintenance of the proposed Ocean Express
Pipeline. On October 18, 2002, Ocean Express filed an Amendment to the
Application proposing a new route variation and design changes for the
nearshore portion of Ocean Express' offshore pipeline in the vicinity
of the Navy Restricted Area.
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) and the Minerals Management Service (MMS) will prepare an
Environmental Impact Statement (EIS) that will analyze the
environmental impacts of the proposed Ocean Express Pipeline
Project.\1\ The proposed pipeline originates in the Bahamas and would
come ashore east of Dania, Florida. These facilities would consist of
about 54.3 miles of 24-inch diameter pipeline (about 48.0 miles
offshore and 6.3 miles onshore), two aboveground metering facilities, a
pig launching/receiving station, one aboveground shutoff valve, and one
belowground valve. This EIS will be used by the Commission in its
decision-making process to determine whether the project is in the
public convenience and necessity. The MMS will have primary
responsibility for offshore analysis in U.S. waters and will coordinate
with the U.S. Army Corps of Engineers regarding Florida state waters
review.
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\1\ Ocean Express' application was filed with the Commission on
February 21, 2002, under Section 7) of the Natural Gas Act as
amended, and Parts 157 and 284 of the Commission's regulations.
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The application, amended application, and other supplemental
filings in this docket are available for viewing on the FERC Internet
website (http://www.ferc.gov). Click on the ``FERRIS'' link, select
``General Search'' from the FERRIS Menu, and follow the instructions,
being sure to input the correct docket number (CP02-90). General
information about the MMS and detailed information regarding Florida
state and Federal waters can be accessed at the MMS Internet website
(http://www.mms.gov).
The FERC is the lead agency and the MMS is a Federal cooperating
agency for this project because the MMS has jurisdiction by law as well
as special expertise regarding the potential environmental impacts
associated with that portion of the proposed pipeline that would be
installed on the Outer Continental Shelf.
If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
state law.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice that Ocean Express provided to landowners. This fact
sheet addresses a number of typically asked questions, including the
use of eminent domain
[[Page 70590]]
and how to participate in the Commission's proceedings. It is available
for viewing on the FERC Internet website (http://www.ferc.gov).
Summary of the Proposed Project
Florida is experiencing a substantial increase in demand for
electric power as a result of population growth in the state. The Ocean
Express project would transport into Florida up to 842 million standard
cubic feet of natural gas per day. The project would deliver the gas to
an interconnect with the Florida Gas Transmission Company (FGT) system
and an interconnect with the Florida Power & Light Company (FPL) gas
line that services the FPL Fort Lauderdale Power Plant.
The Ocean Express Pipeline Project would be located onshore in
Broward County, Florida and offshore in the Atlantic Ocean. The project
would receive gas at the U.S./Bahamian EEZ at a subsea connection to a
24-inch pipeline, referred to as the Bahamian Pipeline. The Bahamian
Pipeline would transport natural gas from a proposed liquefied natural
gas (LNG) receiving, storage, and regasification facility on Ocean Cay,
a manmade industrial island in Bimini, Commonwealth of the Bahamas.
The LNG facility and the Bahamian Pipeline are non-jurisdictional
facilities and would be constructed and operated by AES Ocean LNG,
Ltd., a Bahamian affiliate. The LNG facility would receive LNG tankers
arriving from international LNG supply locations. The LNG would be
offloaded from the tankers and stored in specially designed storage
tanks. From there, the LNG would be revaporized in heat exchangers on
the terminal site and the resulting natural gas would be fed into the
24-inch-diameter offshore pipeline.
The FERC and MMS authorizations for this project would not extend
eastward of the EEZ. The Government of the Bahamas regulates matters
pertaining to the environment and safety and traditionally requires an
environmental impact assessment as a condition to approving a project
such as the LNG terminal and Bahamian Pipeline. The Government of the
Bahamas is in the process of reviewing the environmental impact
assessment for these facilities.
The LNG facility and the Bahamian Pipeline are not part of the
facilities proposed in the Ocean Express application to the FERC. In
its application, Ocean Express seeks authority to construct and operate
the following:
--Offshore Pipeline Segment
The proposed offshore pipeline segment would be located in the
Atlantic Ocean, off the southeast Florida coastline, and would consist
of approximately 48 miles of 24-inch-diameter pipeline (Offshore
Pipeline). The Offshore Pipeline would traverse the Atlantic Ocean,
starting at the U.S./Bahamian EEZ, passing through Federal and state
waters, and end at a shoreline entry east of Dania, Florida to connect
with the proposed onshore pipeline segment.
--Nearshore Pipeline Segment
The Florida shore approach would be installed utilizing horizontal
directional drilling (HDD) techniques to minimize impacts to three
near-shore reef trends. The pipeline would be directionally drilled out
from the Dania Beach Boulevard (Route A1A) traffic circle to a point
6,170 feet from shore to a previously disturbed, former sand borrow pit
located in a gap between two reef systems. A second 2,372-foot-long HDD
segment (offshore HDD) would extend from the former sand borrow pit to
a point east of the outermost reef system.
The remaining sections of the offshore segment would be installed
by direct pipe lay on the sea floor using a laybarge. AES is evaluating
the feasibility of using various methods to either bury the pipeline or
cover it with protective concrete mats along the segment between the
two HDD segments and from the second HDD to water depths of
approximately 200 feet. Where water depths exceed 200 feet, the
offshore pipeline would also be laid directly on the sea floor, with no
covering proposed.
--Onshore Pipeline Segment
The proposed onshore pipeline would consist of approximately 6.3
miles of 24-inch-diameter pipeline (Onshore Pipeline). The Onshore
Pipeline would start at the terminus of the proposed Offshore Pipeline
(the shoreline entry) and end at the proposed interconnections with the
FGT and FPL systems.
The proposed facilities are summarized in tables 1 and 2 below. The
general locations of the project facilities are shown in Appendix 1.\2\
If you are interested in obtaining detailed maps of a specific portion
of the project, send in your request using the form in Appendix 3.
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\2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's website at the ``FERRIS'' link or from the Commission's
Public Reference and Files Maintenance Branch, 888 First Street,
NE., Washington, DC 20426, or call (202) 502-8371. For instructions
on connecting to FERRIS refer to the last page of this notice.
Copies of the appendices were sent to all those receiving this
notice in the mail.
Table 1.--Proposed Pipeline Facilities for the Ocean Express Pipeline
Project
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Length
Location (miles)
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U.S. Federal Waters.......................................... 43.0
Florida State Waters......................................... 5.0
Broward County (Onshore)..................................... 6.3
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Total New Pipeline Length.................................. \1\ 54.3
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\1\ Does not include 40.4 miles of non-jurisdictional waters between the
Bahamas and the EEZ.
Table 2.--Summary of Ancillary Facilities for the Ocean Express Pipeline
Project
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Approximate
Facility milepost Description
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Shutoff Valve belowground)......... 46.1 Dania Beach Boulevard
Circle.
Shutoff Valve and Pig Launching/ 52.4 Located prior to
Receiving Station (aboveground). Interconnections with
FGT and FPL.
2 Meter Stations and Pressure 52.4 Meter Station
Regulation Stations. connections to FGT
and FPL located on a
0.25-acre site.
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Land Requirements for Construction
Construction of the onshore portion of the Ocean Express Pipeline
Project would affect a total of about 34 acres of land including: 19
acres for pipeline construction; 9.4 acres for extra workspace; 6.2
acres for a contractor yard; and 0.25 acre for aboveground facilities.
Total land requirements for the permanent right-of-way would be about
11.3 acres. The remaining 23 acres of land affected by construction
would be restored and allowed to revert to its former use.
Approximately 1.6 miles (25 percent) of the Onshore Pipeline would
be directionally drilled or bored underground. Of the remaining 4.7
miles of the route, approximately 3.8 miles (60 percent) would be
installed parallel to existing roadway, pipeline, and utility rights-
of-way which are within commercial/industrial areas and 0.9 mile (15
percent) would cross open land. Ocean Express would typically use a 45-
foot-wide construction right-of-way. Additional extra temporary work
areas may be necessary for waterbody,
[[Page 70591]]
highway, and railroad crossings; additional topsoil storage; and pipe
storage and equipment yards.
Following construction and restoration of the right-of-way and
temporary extra work spaces, Ocean Express would typically retain a new
20-foot-wide permanent easement for the 24-inch-diameter pipeline. The
remaining portion of the construction right-of-way would be returned to
landowners for their use without restrictions after appropriate
reclamation efforts are successful.
Constructing the offshore portion of the Ocean Express Pipeline
Project would affect about 1,840 acres. Installation of the project in
State of Florida waters includes two HDD segments totaling 1.62 miles
and direct lay on the sea floor for 3.38 miles in depths of less than
200 feet.
The EIS Process
The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This is called ``scoping.'' The main goal of the scoping
process is to focus the analysis in the EIS on the important
environmental issues. By this Notice of Intent, the Commission requests
public comments on the scope of the issues it will address in the EIS.
All comments received are considered during the preparation of the EIS.
State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
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\3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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The EIS will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
--Geology
--Water resources
--Vegetation
--Cultural resources
--Socioeconomics
--Reliability and safety
--Air quality and noise
--Soils and sedmients
--Wetlands, barrier beaches, and submerged aquatic vegetation
--Fish and wildlife
--Endangered and threatened species
--Land use, recreation, and visual resources
--Alternatives
We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
Our independent analysis of the issues will be in the . The will be
mailed to Federal, state, and local agencies, public interest groups,
interested individuals, affected landowners, newspapers, libraries, and
the Commission's official service list for this proceeding. A 45-day
comment period will be allotted for review of the. We will consider all
comments on the and revise the document, as necessary, before issuing a
Final EIS. The Final EIS will include our responses to comments
received and will be used by the Commission in its decision-making
process to determine whether to approve the project. To ensure your
comments are considered, please carefully follow the instructions in
the Public Participation and Scoping Meeting section.
Currently Identified Environmental Issues
The EIS will discuss impacts that could occur as a result of the
construction and operation of the proposed project. We have already
identified a number of issues that deserve attention based on a
preliminary review of the proposed facilities, the environmental
information provided by Ocean Express, and early input from
intervenors. Some of these issues are listed below. This list is
preliminary and may be changed based on your comments and our analysis.
Currently identified environmental issues for the Ocean Express
Pipeline Project include:
--Construction and operational effects on seagrasses, coral reefs, hard
and soft bottom communities, mangroves, and aquatic organisms;
--Extent and effects of turbidity and sedimentation that may result
from pipeline trenching and directional drilling in shallow waters;
--Potential failure of the two HDD procedures;
--Effects on wildlife and fisheries including essential fish habitat
and fisheries of special concern, other commercial and recreational
fisheries, or other species listed at the Federal, state, or local
level;
--Potential fuel spills from the pipelay barges and associated vessel
traffic;
--Potential effects on West Lake Park and the Airport Buffer Strip
Park;
--Potential effect on future land use;
--Potential effect on Broward County tree resources and on rare plants;
--Effect of construction on groundwater and surface water supplies;
--Potential introduction and control of non-native plant species;
--Effects on federally endangered and threatened species including the
wood stork, Johnson's seagrass, Garber's spurge, West Indian manatee,
loggerhead sea turtle, green sea turtle, hawksbill sea turtle, Kemp's
ridley sea turtle, and leatherback sea turtle;
--Potential effects on offshore submerged cultural resources;
--Noise generated as a result of pipeline construction;
--Temporary disruption of local roadways, bikeways, and fitness trails
during construction;
--Offshore crossings of the U.S. Naval Surface Warfare training
facilities and existing utility cables;
--Potential impacts on 0.7 acre of forested wetlands;
--Potential effect of the project on designated airport runway
clearance zones;
--Cumulative effects of the proposed project with other projects,
including other natural gas pipelines, which have been or may be
proposed in the same region and similar time frames; and
--Safety of the proposed pipeline.
Public Participation and Scoping Meeting
You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the and considered by the Commission. You
should focus on the potential environmental effects of the proposal,
alternatives to the proposal (including alternative ), and measures to
avoid or lessen environmental impact. The more specific your comments,
the more useful they will be. Please carefully follow these
instructions to ensure that your comments are received in time and
properly recorded:
--Send an original and two copies of your letter to: Magalie R. Salas,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426.
--Label one copy of the comments for the attention of Branch.
--Reference Docket No.
--Mail your comments so that they will be received in Washington, DC on
or before December 20, 2002.
Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result,
[[Page 70592]]
we will include all comments that we receive within a reasonable time
frame in our environmental analysis of this project. However, the
Commission strongly encourages electronic filing of any comments or
interventions or protests to this proceeding. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's web site
at http://www.ferc.gov under the ``e-Filing'' link and the link to the
User's Guide. Before you can file comments you will need to create a
free account which can be created by clicking on ``Login to File'' and
then ``New User Account.''
If you do not want to send comments at this time but still want to
remain on our mailing list, please return the Information Request . If
you do not return the Information Request, you will be taken off the
mailing list.
In addition to or in lieu of sending written comments, we invite
you to attend the public scoping meeting the FERC will conduct in the
project area. The location and time for this meeting is listed below.
Schedule for the Ocean Express Pipeline Project Environmental Impact
Statement Public Scoping Meeting
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Date and time Location Phone
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December 3, 2002 at 7 p.m... I.T. Parker (916) 973-4703
Community Center,
901 N.E. Third
Street, Dania
Beach, FL 33004.
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The public meeting is designed to provide you with more detailed
information and another opportunity to offer your comments on the
proposed project. Prior to the start of the meeting, company
representatives will be available to informally discuss the project.
Interested groups and individuals are encouraged to attend the meeting
and to present comments on the environmental issues they believe should
be addressed in the Draft EIS. A transcript of the meeting will be made
so that your comments will be accurately recorded.
On the morning of December 4th, the staff will be visiting some
project areas. At this time, we are still coordinating the logistical
arrangements for the site visit. Anyone interested in participating in
a site visit may contact the Commission's Office of External Affairs
(866-208-FERC) for more details. Individuals must provide their own
transportation.
Becoming an Intervenor
In addition to involvement in the scoping process, you may want to
become an official party to the proceeding known as an ``intervenor''.
Intervenors play a more formal role in the process. Among other things,
intervenors have the right to receive copies of case-related Commission
documents and filings by other intervenors. Likewise, each intervenor
must provide 14 copies of its filings to the Secretary of the
Commission and must send a copy of its filings to all other parties on
the Commission's service list for this proceeding. If you want to
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214) (see appendix 2).4 Only intervenors have the right to seek
rehearing of the Commission's decision.
Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.
Environmental Mailing List
This notice is being sent to individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project. It is also being sent to all identified potential
right-of-way grantors. By this notice we are also asking governmental
agencies, especially those in , to express their interest in becoming
cooperating agencies for the preparation of the .
Additional Information
Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC, or on the
FERC Internet website (http://www.ferc.gov)using the FERRIS link. Click
on the FERRIS link, enter the docket number excluding the last three
digits in the Docket Number field. Be sure you have selected an
appropriate date range. For assistance with FERRIS, the FERRIS helpline
can be reached at 1-866-208-3676, TTY (202) 502-8659, or at
FERCOnlineSupport@ferc.gov. The FERRIS link on the FERC Internet
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rulemakings.
Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-29854 Filed 11-22-02; 8:45 am]
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