Item C-4: Chairman Richard Glick Concurrence Regarding Northern Natural Gas Company

Chairman Richard Glick Statement
April 15, 2021
Docket No. CP20-487-000
Order:  C-4

I agree with today’s order granting Enbridge Gas Pipelines’ (Enbridge) late intervention.[1]  On the night before the March 2021 Commission meeting, approximately eight months after comments and interventions were due in the Northern Natural Gas Company (Northern Natural) proceeding, Enbridge sought to intervene out-of-time, citing the potential for a change in Commission policy.[2]  In a remarkable coincidence, the next day the Commission announced a new policy of considering the impact that greenhouse gas emissions caused by a proposed natural gas project have on climate change.  Enbridge may not have had any reason to anticipate that significant change of course at the time interventions were due in this proceeding.  Accordingly, I believe that there is good cause to permit late intervention.

I write separately to highlight the extent to which today’s order abandons the harsh approach to late interventions in natural gas proceedings that the Commission adopted in Tennessee Gas Pipeline Company, L.L.C.[3]  Under that precedent, Enbridge should have known that its interests might be implicated from the moment Northern Natural made its filing, meaning that its last-minute realization would not provide good cause for the late intervention. 

In my opinion, today’s order, for all intents and purposes, overturns Tennessee Gas.  Where a would-be party demonstrates good cause for intervening late, we better serve the public interest by considering its views and stating on the record why we agree or disagree than by erecting procedural barriers just to keep the would-be party out of the proceeding.[4]  I hope the Commission continues to apply this more generous approach to all parties that demonstrate good cause for intervening out of time.   

For these reasons, I respectfully concur.