Below you will find a list of FAQs on intervention. If you don’t find what you are looking for, please contact OPP and we will be happy to assist you further.
What is an intervenor?
An intervenor is a party to a Commission proceeding. Intervenors play a more formal role in FERC’s process and may first apply for rehearing of the Commission’s final decision and then seek review by the appropriate federal court. If you do not intervene, you will not be able to apply to the Commission for rehearing or ask a federal court to reconsider the Commission’s decision.
To intervene, you must file a motion to intervene that states both the position to be taken in the proceeding (if known), including the basis in law and fact, and your interest in the proceeding in sufficient detail to meet one of the criteria established by Rule 214(b)(2) of the Commission’s Rules of Practice and Procedure, 18 CFR § 385.214(b)(2). Once an official party or intervenor, the Secretary of the Commission will place you the proceeding’s Service List.
When should I intervene?
The Commission’s public notice for the proceeding will set the deadline for filing comments and motions to intervene. If you are going to intervene, we encourage you to do so as early as possible.
I filed a motion to intervene, am I a party to the proceeding?
You may become a party if no other party files an answer in opposition to a timely motion to intervene within 15 days after your motion is filed, but the Commission may deny your motion at a later date if you have not met the criteria in Rule 214 of the Commission’s Rules of Practice and Procedure, 18 CFR § 385.214.
If a party files an answer in opposition to your timely motion to intervene within 15 days, or if you filed a motion to intervene after the deadline to intervene, then the Commission must expressly grant your request before you become a party.
The deadline to intervene has passed, can I still intervene?
You may file a motion to intervene out-of-time. In addition to the requirements for timely motions to intervene, as stated in Rule 214(b)(2), any late-filed motion to intervene must also show good cause for being late and may provide justification by reference to the criteria the Commission considers in assessing your request, as set forth in Rule 214(d) of the Commission’s Rules of Practice and Procedure, 18 CFR § 385.214(d). These criteria are:
- Whether you have good cause for failing to file the motion within the time prescribed;
- Any disruption of the proceeding that might result from permitting late intervention;
- Whether your interest is adequately represented by other parties;
- Whether any prejudice to, or additional burden on, existing parties might result from permitting intervention; and
- Whether you otherwise met the requirements for intervention in Rule 214 (e.g., stated your position and interest in the proceeding).
If I am an intervenor and I file a document electronically with the Commission, do I need to do anything else?
You must serve the parties on the service list with the documents you file, as required by Rule 2010 of the Commission’s Rules of Practice and Procedure, 18 CFR § 385.2010 (e)). If you are filing a timely intervention or comment, you must serve the applicant. After the initial timely intervention, an intervenor is required to provide copies of any filings made with the Commission to all on the service list (any applicant and intervenors). Late Motions to Intervene and Protests must be filed on all parties to a proceeding.
Service can be emailed to other parties by simply forwarding the Acceptance for Filing email to the parties that have email addresses or mailed via first class mail. All filings must include a certificate of service, the format of which can be found in Rule 2010, 18 CFR § 385.2010 (e).
When is intervention not applicable?
Intervention is not necessary for persons submitting comments in a rulemaking, administrative, or policy proceeding (RM, AD, and PL Dockets). Commenters in these dockets are considered parties with the same rights as intervenors in application-related dockets. There are no service requirements for comments filed in RM, AD, or PL dockets.
Intervention is also unnecessary during Pre-Filing phase of natural gas pipeline projects (PF and PT Dockets) because there is no application officially filed before the Commission. Comments may be filed during the Pre-Filing phase. Once the Commission receives and notices an application, you may then file a motion to intervene.