2018/08/28

Bill Childress, BLM, Makes a Decision re EPE Substation

Excerpt from BLM’s Decision Record regarding the Talavera EPE Substation:

UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Las Cruces District Office

DECISION RECORD
Talavera Substation and Distribution Project
DOI-BLM-NM-L000-2017-0008-EA

Decision

It is my decision to grant the right-of-way (ROW) to El Paso Electric Company (EPE) to construct the Talavera Substation, as proposed under Alternative Site #3A with the distribution Option 3A-T, and the distribution components common to all alternatives. The authorization will include a 3.7-acre (400 × 400- foot) permanent ROW and 50-foot temporary work area on all sides of the substation parcel. The new permanent substation would convert 115-kilovolt (kV) electricity to 24-kV electricity for distribution into the power grid that supports the city of Las Cruces and surrounding communities. This alternative site would include a pre-fabricated textured concrete wall around the perimeter of the substation, to be painted, integrally colored during construction, or otherwise maintained as Beetle in color (from the Scofield Systems Naturescapes Chart A-92014NS) and having a minimum height of 8 feet. In addition to the 3.7-acre substation parcel, this site would require a 500-foot-long substation connection corridor to connect the substation to the existing Salopek-to-Arroyo 115-kilovolt (kV) transmission line. Access to Site 3A would also require a new, approximately 0.3-mile-long permanent access road from Achenbach Canyon Road near the Talavera Fire Station that would be designed with a 50-foot-wide ROW to accommodate a 25-foot-wide travel surface (see Figure 2-5 in the attached EA).

…

AUTHORITY

The Federal Land Policy and Management Act of 1976 (FLPMA), as amended (43 United States Code [USC] 1761–1771), establishes the BLM’s mandate for multiple uses of public lands, which includes development of energy resources and utilities in a manner that conserves the multitude of other resources found on public lands. As such, the BLM is required to respond to applications for right-of-way grants submitted by proponents pursuant to 43 Code of Federal Regulations (CFR) 2804.12. The BLM shall respond by evaluating the applications in accordance with the aforementioned regulations and the Energy Policy Act of 2005 (Public Law 109–58) to issue, issue with modifications, or deny new right-of-way grants.

Appeals

This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 Code of Federal Regulations (CFR) Part 4 and Form 1842-1. If an appeal is filed, your notice must be filed in the BLM Las Cruces District Office, 1800 Marquess Street, Las Cruces, NM 88005, within 30 days from receipt or issuance of this decision. The appeal must be in writing and delivered in person, via the U.S. Postal Service, or other common carrier, to the Las Cruces District Office or as noted above. The BLM does not accept appeals by facsimile, email, or other electronic means. The appellant has the burden of showing that the decision being appealed is in error.

If you wish to file a petition for a stay of effectiveness of this decision during the time that your appeal is being reviewed by the Interior Board of Land Appeals, pursuant to 43 CFR 4.21, the petition for stay must accompany your notice of appeal. A petition for stay is required to show sufficient justification based on the standards listed below. Copies of the notice of appeal and petition for a stay must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and to the Office of the Solicitor (see 43 CFR 4.413); Office of the Regional Solicitor, Southwest Region, U.S. Department of the Interior, 505 Marquette Avenue NW, Suite 1800, Albuquerque, New Mexico 87102; at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted.

Standards for Obtaining a Stay

Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following standards:

1) The relative harm to the parties if the stay is granted or denied;
2) The likelihood of the appellant’s success on the merits;
3) The likelihood of immediate and irreparable harm if the stay is not granted; and
4) Whether or not the public interest favors granting the stay.

/s/Bill Childress 08/27/2018

Name Date District Manager/Assistant District Manager
Las Cruces District Office