E9-3222. Ruby Pipeline, L.L.C.; Notice of Application

February 9, 2009.

Take notice that on January 27, 2009, Ruby Pipeline, L.L.C. (Ruby) Post Office Box 1087, Colorado Springs, Colorado 80944, filed in the above referenced docket an application pursuant to section 7(c) of the Natural Gas Act (NGA) and Parts 157 and 284 of the Commission's regulations, for an order granting a certificate of public convenience and necessity authorizing the construction and operation of a new interstate natural gas pipeline system extending from Opal, Wyoming to Malin, Oregon and blanket transportation and construction certificates pursuant to Parts 284 and 157 of the Commission's regulations, respectively, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The 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 “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [e-mail] or call toll-free, [phone] or TYY, [phone].

Specifically, Ruby proposes to construct and operate: (i) A new, 675.2 mile, 42-inch diameter pipeline extending westward from Opal, Wyoming through the states of Utah and Nevada to a terminus at the Malin Hub in Oregon; (ii) a 2.6 mile, 42-inch diameter lateral extending from the Malin Hub to the Oregon/California border; (iii) the 69,000 horsepower Roberson Creek Compressor Station located in Lincoln County, Wyoming; (iv) the 28,668 horsepower Wildcat Hills Compressor Station located in Box Elder County, Utah; (v) the 39,662 horsepower Wieland Flat Compressor Station located in Elko County, Nevada; (vi) the 19,831 horsepower Desert Valley Compressor Station located in Humboldt County, Nevada; and (vii) various receipt points located in Lincoln County, Wyoming and various bi-directional delivery points located in Humboldt County, Nevada and Klamath County, Oregon. Ruby's proposed pipeline would be capable of transporting up to 1,500,000 MMBtu/d of natural gas from the Rocky Mountains to the Malin Hub. Ruby estimates that the facilities will cost approximately $2.96 billion. Ruby would provide open access firm and interruptible transportation on the pipeline pursuant to its Pro Forma Tariff for which it seeks approval.

Any questions concerning this application may be directed to Richard Derryberry, Director, Regulatory Affairs, Ruby Pipeline, L.L.C., P.O. Box 1087, Colorado Springs, Colorado 80944 at [phone] or by fax at [phone] or Craig V. Richardson, Vice President and General Counsel, Ruby Pipeline, L.L.C., P.O. Box 1087, Colorado Springs, Colorado 80944 at [phone] or by fax at [phone].

On January 31, 2008, the Commission staff granted Ruby's request to utilize the FERC Pre-Filing Process and assigned Docket No. PF08-9-000 to staff activities involved in the Ruby Project. Now as of the filing of Ruby's application on January 27, 2009, the Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP09-54-000, as noted in the caption of this Notice.

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 the 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.

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 commentors 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 commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors 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.

The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street, NE., Washington, DC 20426.

This filing is accessible on-line at http://www.ferc.gov,, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail [e-mail], or call [phone] (toll free). For TTY, call [phone].

Comment Date: March 2, 2009.

Kimberly D. Bose,

Secretary.