Below is a step-by-step instruction guide for the Office of Public Participation Website to explain how the public can intervene in proceedings. If you don’t find what you are looking for, please contact OPP and we will be happy to assist you.


Motions to Intervene 

Individuals have the option to intervene in Commission proceedings. As an intervenor, it can allow individuals to become participants in a proceeding and have the right to request rehearing of Commission orders and seek relief of final agency actions in the U.S. Circuit Courts of Appeal. All motions to intervene should be submitted to the Commission pursuant to 18 C.F.R. § 385.214. The Commission expects parties to intervene in a timely manner based on the reasonably foreseeable issues arising from the applicant's filing and the Commission's notice of filing. 

Motions to intervene must be served on any applicant and subsequent submissions by an intervenor must be served on all parties to the proceeding. Contact information for parties can be downloaded from the service list at the eService link on FERC Online. Service can be via email with a link to the document.

Detailed instructions on how to intervene are included below.


Step by Step Guide on "How to File an Intervention Online"

Step 1:

On FERC.gov click on eFile:

  • It is strongly encouraged to electronically submit motions to intervene through the eFile link on the Commission's website. If you cannot file online, you may Mail or Hand Deliver an intervention (see below for contact and address information).
  • There are document attachment and document-less options for both timely and out-of-time motions to intervene.
  • All contacts that are to be added to the Service List for the applicable docket must have a validated eRegistration account and their email addresses must be added online in order for their contact information to appear on the service list.
  • The contact's email address will be included as part of the service list information to facilitate electronic service by parties and the Commission.
  • If you choose to mail your motion to intervene you must send an original and three copies of the motion to intervene by overnight services to:

Attention:
Debbie-Anne A. Reese, Acting Secretary

USPS Mailing Address:
Federal Energy Regulatory Commission

888 First Street, N.E.
Washington, DC 20426

Hand/Other Delivery Method:
Health and Human Services
12225 Wilkins Avenue
Rockville, Maryland 20852.

Receipt of mail sent via the US Postal Service may be subject to irradiation and significant delays.


Step 2:

Sign in with your email and password or create a login by clicking on New User.


Step 3:

If you are creating a New User, fill out information and then click on New User button on the bottom right corner.


Step 4: 

Click on eFiling on the Menu column on the left side or under FERC Online Applications.


Step 5:

Make category selections in Filing Type screen.

  • In Filing Type:
  1. Select “General” in Column 1
  2. Select “Intervention” in Column 2
  3. In Column 3, select either:
  • ​​​​​​(doc-less) Motion to Intervene -Select this option if you are only filing an intervention (no comments or attachment of a document).

  • (doc-less) Out-of-Time Motion to Intervene - Select this option if you are filing only an intervention (no comments) and it is after the deadline for filing as specified in the Commission’s Notice of Filing.
    -Rule 214(b)(3) of the Commission’s Rules of Practice and Procedure states, “If a motion to intervene is filed after the end of any time period established under Rule 210, such a motion must, in addition to complying with paragraph (b)(1) of this section, show good cause why the time limitation should be waived”

  • Motion to Intervene - Select this option if you have a PDF attachment.

  • Motion to Intervene Out-of-Time - Select this option if you have a PDF attachment and it is after the deadline for filing as specified in the Commission’s Notice of Filing.
    -Rule 214(b)(3) of the Commission’s Rules of Practice and Procedure states, “If a motion to intervene is filed after the end of any time period established under Rule 210, such a motion must, in addition to complying with paragraph (b)(1) of this section, show good cause why the time limitation should be waived”

  • If you are only filing a motion to intervene with no document attachment select “doc-less” option. “Doc-less” option will allow you to type out the reason for filing to intervene in the proceeding.
  • If you are filing a motion with an attachment in PDF format, select ‘Motion to Intervene’ option.
  • If you are planning to file comments on the merits of the proceeding, protests, or other motions it should be filed separately using the eFiling system.

Step 6:

Select Docket

  • Select Docket: Query and select the Docket Number or Project Number.
  • There are two ways to search:
  1. In the Search tab, type in the Docket Number then click Search to select the Docket Number from a list.
  2. If you already know the Docket Number click the Quick Entry tab.

Step 7:

Fill out Text Box Information (for Document-less Motion to Intervene).

  • Text Box Information: Type out the reason why you are intervening, as required by Rule 214(b) of the Commission’s Rules of Practice and Procedure.
    • For example, Rule 214(b)(1) states, “Any motion to intervene must state, to the extent known, the position taken by the movant and the basis in fact and law for that position.”
  • Type out your interest in sufficient factual detail to show:
    • You have the right to participate conferred by statute, Commission rule, order, or other action;
    • You have or represents an interest which may be directly affected by the outcome of the proceeding, including any interest as a:
  • (A) Consumer,

  • (B) Customer,

  • (C) Competitor, or

  • (D) Security holder of a party; or

  • Your participation is in the public interest, pursuant to 385.214(b)(1)((iii).

  • If you are filing an Out-of-Time Motion to Intervene you must show good cause and explain why the time limitation should be waived, consistent with Rule 214.  Rule 214(b)(3) of the Commission’s Rules of Practice and Procedure  state, “If a motion to intervene is filed after the end of any time period established under Rule 210, such a motion must, in addition to complying with paragraph (b)(1) of this section, show good cause why the time limitation should be waived.”  The criteria that the Commission considers when acting on a motion to intervene out-of-time include whether:
  • (i) The movant had good cause for failing to file the motion within the time prescribed;

  • (ii) Any disruption of the proceeding might result from permitting intervention;

  • (iii) The movant's interest is not adequately represented by other parties in the proceeding;

  • (iv) Any prejudice to, or additional burdens upon, the existing parties might result from permitting the intervention; and

  • (v) The motion otherwise conforms to Rule 214(b). 


Step 8: 

Filing Party(ies) Selection

  •  On the Filing Party screen, query and select the party or parties that should appear on the service list as part of CFR § 385.2010 Service (Rule 2010) of the Commission’s Rules of Practice and Procedure.
  • In a joint or several motion, select each party individually.

Do not add the law firm filing on behalf of a client company.


Step 9: 

Specify the Person(s) to Whom Communication Should be Addressed:

  • There is one screen for entering all contacts. The filing party or parties you selected on the previous screen appear at the top of the Communications screen with a radio button adjacent to each party.
  • Select a party, enter the email address for a contact, and add the contact as either a signer/representative or other contact. You can associate the same contact with multiple parties simply by selecting a different radio button and adding the contact to the list. Repeat the process for each additional contact.
  • Each party must have at least one signer/representative on the service list. This is the signer or other legal representative for the party. In most cases it’s the attorney at the company appearing on the service list or at the law firm representing that company.

You can enter more than one signer/representative for a party. Another Contact (optional) is normally a person affiliated with the party on the service list that should be served. They are involved in the proceeding but not necessarily as the legal representative of the party. All entries will be added to the service list regardless of how you designate them.


Step 10: 

Ability to modify the description before you submit the intervention. 


Step 11: 

Click Submit on the last screen to confirm that you want to file an intervention.

 

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This page was last updated on January 17, 2024