Midwestern Gas Transmission Company submits tariff filing per 154.204: PAL Negotiated Rate Agreement - NJR Energy Services Company to be effective 2/13/2014 under RP14-472 Filing Type : 570

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Texas Eastern Transmission, LP Docket No. PF15-17-000 COMMENTS OF ALLEGHENY DEFENSE PROJECT, BUCKEYE FOREST COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY, FRESHWATER ACCOUNTABILITY PROJECT, HEARTWOOD, KENTUCKY HEARTWOOD, OHIO VALLEY ENVIRONMENTAL COALITION The following comments are provided on behalf of the Allegheny Defense Project, Buckeye Forest Council, Center for Biological Diversity, FreshWater Accountability Project, Heartwood, Kentucky Heartwood, and Ohio Valley Environmental Coalition (collectively, Commenters) regarding Texas Eastern Transmissions (Texas Eastern) proposed Access South Project Adair Southwest, and Lebanon Extension Projects (collectively, Projects). According to Texas Eastern, the purpose of the Projects is to provide incremental pipeline transportation service from the Appalachia area natural gas supply basins to different markets in the Midwest and Southeast by creating additional firm pipeline capacity necessary to deliver natural gas on a long-term basis. Draft Resource Report 1 at 1-1. FERC must take a hard look at the direct, indirect, and cumulative effects of the Projects, including the effects of shale gas drilling in the Marcellus and Utica shale formations. FERC must also consider other connected, cumulative and similar actions in its environmental review of the Projects. FERC must prepare a separate programmatic environmental impact statement (PEIS) regarding the build-out of infrastructure to connect shale gas supplies in the Marcellus and Utica shale formations to markets. FERC must also enter into formal consultation with the U.S. Fish and Wildlife Service regarding the impacts that the proposed Projects will have on threatened and endangered species. I. FERC must consider the direct, indirect and cumulative effects of the Projects. 1 FERC must consider the direct, indirect and cumulative effects of the Projects. See 40 C.F.R. 1508.7; 1508.8. This requires taking a hard look at the environmental consequences of the Projects. Robertson v. Methow Valley Citizens Council, 490 U.S. 332 (1989). To satisfy the hard look requirement, FERC must ensure that it has adequately considered and disclosed the environmental impact of its actions and that its decision is not arbitrary and capricious. Nevada v. Dept of Energy, 457 F.3d 78, 93 (D.C. Cir. 2006) (quoting Balt. Gas & Elec. Co., 462 U.S. 87, 98 (1983)). As will be explained below, an objective review of the direct, indirect and cumulative effects of the Project indicates the need for FERC to prepare an EIS rather than an EA. 1. Direct Effects FERC must consider the direct effects of the Projects. Direct effects are caused by the action and occur at the same ...