80_FR_70177 80 FR 69959 - DBM Pipeline, LLC; Notice of Withdrawal of Staff Protest to Proposed Blanket Certificate Activity

80 FR 69959 - DBM Pipeline, LLC; Notice of Withdrawal of Staff Protest to Proposed Blanket Certificate Activity

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range69959-69959
FR Document2015-28635

Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Page 69959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28635]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-537-000]


DBM Pipeline, LLC; Notice of Withdrawal of Staff Protest to 
Proposed Blanket Certificate Activity

    Commission staff (Protestor) hereby withdraws its Protest to the 
Proposed Blanket Certificate Activity filed in the above-referenced 
proceeding on October 2, 2015.
    In its prior notice request filed on July 27, 2015 (in Docket No. 
CP15-537-000) and noticed on August 6, 2015,\1\ DBM Pipeline, LLC (DBM 
Pipeline) proposed to construct and operate approximately 9 miles of 
20-inch-diameter pipeline in Reeves and Culberson Counties, Texas, and 
Eddy County, New Mexico (Project). Protestor protested the prior notice 
request filed under the provisions of Part 157, subpart F, of the 
Commission's regulations, because DBM Pipeline did not file in its 
application or supplemental filings, the Bureau of Land Management 
comments on the Project and did not provide adequate avoidance plans to 
have no effect on historic properties. In addition DBM Pipeline did not 
provide complete responses to the FERC Environmental Data Request dated 
September 23, 2015.
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    \1\ Notice of the request was published in the Federal Register 
on August 13, 2015 (80 Fed. Reg. 48520).
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    Protestor notes that on November 3, 2015, DBM Pipeline filed a data 
response with comments from the Texas and New Mexico State Historic 
Preservation Officers (SHPOs), dated June 23, 2015 and October 27, 2015 
respectively, stating that the Project would either have no effect on 
or would avoid historic properties. DBM Pipeline also filed an 
avoidance plan for three cultural resources in New Mexico. 
Additionally, the BLM agreed with the avoidance plan and stated the 
Project would have no effect on historic properties in a letter dated 
November 2, 2015. FERC staff agrees with the Texas and New Mexico SHPOs 
and finds the avoidance plan acceptable. Finally, DBM Pipeline 
submitted complete responses to the FERC Environmental Data Request 
dated September 23, 2015.
    Thus, Protestor's environmental concern has been satisfied. 
Accordingly, Protestor hereby withdraws its Protest to the Proposed 
Blanket Certificate Activity filed in the instant docket on October 2, 
2015.

    Dated: November 4, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28635 Filed 11-10-15; 8:45 am]
BILLING CODE 6717-01-P



                                                                            Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices                                                  69959

                                                  construct two new tie-ins; and (vi)                     comments in support of or in opposition                 In its prior notice request filed on July
                                                  acquire from National Fuel the                          to this project. The Commission will                  27, 2015 (in Docket No. CP15–537–000)
                                                  aforementioned 1.08 miles of Line XM–                   consider these comments in                            and noticed on August 6, 2015,1 DBM
                                                  10. Empire proposes to provide 350,000                  determining the appropriate action to be              Pipeline, LLC (DBM Pipeline) proposed
                                                  dekatherms per day of new firm natural                  taken, but the filing of a comment alone              to construct and operate approximately
                                                  gas transportation capacity.                            will not serve to make the filer a party              9 miles of 20-inch-diameter pipeline in
                                                     National Fuel and Empire request                     to the proceeding. The Commission’s                   Reeves and Culberson Counties, Texas,
                                                  authorization to abandon their jointly                  rules require that persons filing                     and Eddy County, New Mexico
                                                  owned meter station along Line XM–10                    comments in opposition to the project                 (Project). Protestor protested the prior
                                                  in Pendleton, New York. The total cost                  provide copies of their protests only to              notice request filed under the provisions
                                                  of the Project would be approximately                   the party or parties directly involved in             of Part 157, subpart F, of the
                                                  $376,670,388 (National Fuel) and                        the protest.                                          Commission’s regulations, because DBM
                                                  $78,710,359 (Empire).                                      Persons who wish to comment only                   Pipeline did not file in its application or
                                                     Pursuant to section 157.9 of the                     on the environmental review of this                   supplemental filings, the Bureau of
                                                  Commission’s rules, 18 CFR 157.9,                       project should submit an original and                 Land Management comments on the
                                                  within 90 days of this Notice the                       two copies of their comments to the                   Project and did not provide adequate
                                                  Commission staff will either: Complete                  Secretary of the Commission.                          avoidance plans to have no effect on
                                                  its environmental assessment (EA) and                   Environmental commenters will be                      historic properties. In addition DBM
                                                  place it into the Commission’s public                   placed on the Commission’s                            Pipeline did not provide complete
                                                  record (eLibrary) for this proceeding, or               environmental mailing list, will receive              responses to the FERC Environmental
                                                  issue a Notice of Schedule for                          copies of the environmental documents,                Data Request dated September 23, 2015.
                                                  Environmental Review. If a Notice of                    and will be notified of meetings                        Protestor notes that on November 3,
                                                  Schedule for Environmental Review is                    associated with the Commission’s                      2015, DBM Pipeline filed a data
                                                  issued, it will indicate, among other                   environmental review process.                         response with comments from the Texas
                                                  milestones, the anticipated date for the                Environmental commenters will not be                  and New Mexico State Historic
                                                  Commission staff’s issuance of the final                required to serve copies of filed                     Preservation Officers (SHPOs), dated
                                                  environmental impact statement (FEIS)                   documents on all other parties.                       June 23, 2015 and October 27, 2015
                                                  or EA for this proposal. The filing of the              However, the non-party commenters                     respectively, stating that the Project
                                                  EA in the Commission’s public record                    will not receive copies of all documents              would either have no effect on or would
                                                  for this proceeding or the issuance of a                filed by other parties or issued by the               avoid historic properties. DBM Pipeline
                                                  Notice of Schedule will serve to notify                 Commission (except for the mailing of                 also filed an avoidance plan for three
                                                  federal and state agencies of the timing                                                                      cultural resources in New Mexico.
                                                                                                          environmental documents issued by the
                                                  for the completion of all necessary                                                                           Additionally, the BLM agreed with the
                                                                                                          Commission) and will not have the right
                                                  reviews, and the subsequent need to                                                                           avoidance plan and stated the Project
                                                                                                          to seek court review of the
                                                  complete all federal authorizations                                                                           would have no effect on historic
                                                                                                          Commission’s final order.
                                                  within 90 days of the date of issuance
                                                                                                             Motions to intervene, protests and                 properties in a letter dated November 2,
                                                  of the Commission staff’s FEIS or EA.
                                                                                                          comments may be filed electronically                  2015. FERC staff agrees with the Texas
                                                     There are two ways to become
                                                  involved in the Commission’s review of                  via the internet in lieu of paper; see, 18            and New Mexico SHPOs and finds the
                                                  this project. First, any person wishing to              CFR 385.2001(a)(1)(iii) and the                       avoidance plan acceptable. Finally,
                                                  obtain legal status by becoming a party                 instructions on the Commission’s Web                  DBM Pipeline submitted complete
                                                  to the proceedings for this project                     site under the ‘‘e-Filing’’ link. The                 responses to the FERC Environmental
                                                  should, on or before the comment date                   Commission strongly encourages                        Data Request dated September 23, 2015.
                                                  stated below, file with the Federal                     electronic filings.                                     Thus, Protestor’s environmental
                                                  Energy Regulatory Commission, 888                          Comment Date: 5:00 p.m. Eastern                    concern has been satisfied. Accordingly,
                                                  First Street NE., Washington, DC 20426,                 Time on November 25, 2015.                            Protestor hereby withdraws its Protest to
                                                  a motion to intervene in accordance                       Dated: November 4, 2015.                            the Proposed Blanket Certificate
                                                  with the requirements of the                                                                                  Activity filed in the instant docket on
                                                                                                          Nathaniel J. Davis, Sr.,
                                                  Commission’s Rules of Practice and                                                                            October 2, 2015.
                                                                                                          Deputy Secretary.
                                                  Procedure (18 CFR 385.214 or 385.211)                   [FR Doc. 2015–28634 Filed 11–10–15; 8:45 am]
                                                                                                                                                                  Dated: November 4, 2015.
                                                  and the Regulations under the NGA (18                   BILLING CODE 6717–01–P
                                                                                                                                                                Nathaniel J. Davis, Sr.,
                                                  CFR 157.10). A person obtaining party                                                                         Deputy Secretary.
                                                  status will be placed on the service list                                                                     [FR Doc. 2015–28635 Filed 11–10–15; 8:45 am]
                                                  maintained by the Secretary of the                      DEPARTMENT OF ENERGY                                  BILLING CODE 6717–01–P
                                                  Commission and will receive copies of
                                                  all documents filed by the applicant and                Federal Energy Regulatory
                                                  by all other parties. A party must submit               Commission                                            DEPARTMENT OF ENERGY
                                                  5 copies of filings made with the
                                                  Commission and must mail a copy to                      [Docket No. CP15–537–000]                             Federal Energy Regulatory
                                                  the applicant and to every other party in                                                                     Commission
                                                  the proceeding. Only parties to the                     DBM Pipeline, LLC; Notice of
                                                                                                                                                                Combined Notice of Filings #1
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  proceeding can ask for court review of                  Withdrawal of Staff Protest to
                                                  Commission orders in the proceeding.                    Proposed Blanket Certificate Activity                    Take notice that the Commission
                                                     However, a person does not have to
                                                                                                                                                                received the following electric corporate
                                                  intervene in order to have comments                        Commission staff (Protestor) hereby
                                                                                                                                                                filings:
                                                  considered. The second way to                           withdraws its Protest to the Proposed
                                                  participate is by filing with the                       Blanket Certificate Activity filed in the               1 Notice of the request was published in the
                                                  Secretary of the Commission, as soon as                 above-referenced proceeding on October                Federal Register on August 13, 2015 (80 Fed. Reg.
                                                  possible, an original and two copies of                 2, 2015.                                              48520).



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Document Created: 2015-12-14 14:53:08
Document Modified: 2015-12-14 14:53:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 69959 

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