This document now appears on the FERC site under the section: Comments of Washoe County Commission re the Ruby Natural Gas Pipeline:
May 25, 2010
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
20mJUN-8 A q: ~2
Dear Secretary Bose:
"At a recent public hearing on the Ruby Natural Gas Pipeline, the Washoe County Board of County Commissioners (BCC) heard serious concerns from the
public regarding the Federal Energy Regulatory Commission approval process for the Ruby Pipeline Project, and in particular the Board received input
on the siting process from concerned Native American peoples.
The Ruby pipeline project consists of a 42" high-pressure natural gas pipeline from Opal, Wyoming to Malin, Oregon. Approximately 52 miles is
proposed to cross northern Washoe County, in Nevada. This use requires approval ofa Special Use Permit by this Commission.
On April 27 of this year the BCC held a public hearing and approved that permit, subject to compliance with a number of conditions.
During that public hearing representatives of the Reno-Sparks Indian Colony and the Fort Bidwell Indian Community spoke regarding the likelihood of
disturbance of culturally significant areas, as well as historic and prehistoric artifacts. Testimony from both designated representatives and
individuals of those native people groups indicated that in their view there has been insufficient access to both the applicant and the decision
making process to ensure that their concerns are rigorously examined. They further testified that either consultations have not taken place or have
been structured such that, in their opinion, meaningful input has been difficult and their concerns have not been adequately addressed.
This Board would strongly encourage the FERC to revisit the process for input from Native American peoples for this project and to address their
cultural concerns in a comprehensive manner. While we recognize that the FERC order to Ruby Pipeline dated
AprilS, 2010 (Docket Nos. CP09-54-000 ami CP09-54-001) has recognized a need for Ruby to address the comments of Native American peoples and
communities before construction can commence, we would encourage FERC to examine the robustness of the process of responsiveness throughout the
development of planning and siting decisions, and not just as a prerequisite to approval of construction of the preferred route."
David E Humke Chairman
Washoe County Commission
cc: Nathaniel J. Davis, Sr., Deputy Secretary
Washoe County Commissioners
Mark Mackiewicz, National Project Manager, BLM
A report dated June 28, 2010 from the Ruby Pipeline LLC, regarding "cultural resources" requested that the information in the report be kept under
the "privileged information", "do not release" to the public category, which to date it appears to be in that status:
June 28, 2010
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Attention: Ms. Kimberly D. Bose, Secretary
Re: Ruby Pipeline Project;
Docket No. CP09-54-000;
Utah and Wyoming Treatment Plans
Ruby Pipeline, L.L.C. ("Ruby") is filing with the Federal Energy
Regulatory Commission ("Commission") in Docket No. CP09-54-000, a cultural resource report related to the Ruby Pipeline Project ("Project").
Description of Proceeding On January 27, 2009, Ruby filed its application, pursuant to Section 7(c) of the Natural Gas Act, requesting (i) a
certificate of public convenience and necessity authorizing the construction, ownership, and operation of new interstate natural gas pipeline
facilities; (ii) a blanket certificate of public convenience and necessity authorizing Ruby to provide open-access transportation services with
pre-granted abandonment approval; and (iii) a blanket certificate of public convenience and necessity to construct, operate and/or abandon certain
eligible facilities, and services related thereto.
On April 5, 2010, the Commission issued an Order Issuing Certificate and Granting in Part and Denying in Part Requests for Rehearing and Clarification
("Certificate Order") granting Ruby's requested authorizations.
Description of Information Being Filed Ruby is submitting the following cultural resource reports prepared for the Ruby Pipeline Project. Tab A: A
Research Design and Treatment Plan for the Mitigation of Cultural Resources Along the Planned Ruby Natural Gas Pipeline, Rich, Cache, and Box Elder
Counties, Utah. This report contains revisions from comments received on the previous draft. A comment tracking table is attached to the report. Tab
B: Treatment and Monitoring Plan: Ruby Pipeline Company, LLC, Ruby Pipeline Project, Lincoln and Uinta Counties, Wyoming.
Since the reports submitted as Tabs A and B contains cultural resources information, Ruby respectfully requests that the information submitted in this
filing be accorded privileged and confidential treatment pursuant to 18 C.F.R. §388.112 and, accordingly, has been marked with "Privileged
Information – Do Not Release." Please contact either Mr. Richard Derryberry (telephone number: 719-520-3782) or Ms. Nicole Pedigo (telephone
number: 719-667-7529) at 2 North Nevada Avenue, Colorado Springs, Colorado 80903, regarding this request for privileged treatment.
Filing Information Ruby is eFiling this document with the Commission's Secretary in accordance with the Commission's Order No. 703, Filing Via the
Internet, guidelines issued on November 15, 2007 in Docket No. RM07-16-000. Ruby is also providing a copy of this filing to the Commission's Office
of Energy Projects.
RUBY PIPELINE, L.L.C.
Susan C. Stires
Regulatory Affairs Department
cc: David Swearingen, OEP
Laurie Boros, OEP
Certificate of Service
I hereby certify that I have this day caused a copy of the letter to be
served upon each person designated on the official service list compiled by the Commission's Secretary in this proceeding in accordance with the
requirements of Section 385.2010 of the Federal Energy Regulatory Commission's Rules of Practice and Procedures.
Dated at Colorado Springs, Colorado as of this 28th day of June 2010. P.O. Box 1087
Colorado Springs, Colorado 80944
RUBY PIPELINE PROJECT
Docket No. CP09-54-000
The cultural resources reports submitted with this filing
contain Privileged and Confidential Information and have been filed as Non-Public in accordance with the Commission's CEII filing guidelines. June
20100628-5058 FERC PDF (Unofficial) 6/28/2010 12:01:05 PM
Utah and Wyoming Treatment Plans Transmittal Letter.PDF...............1-4
[edit on 7-7-2010 by manta78]