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Federal Energy Regulatory Commission

Resources Frequently Asked Questions (FAQs)

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Frequently Asked Questions (FAQs)

Active Participation/Intervention in FERC Cases

1. How can I actively participate in a FERC proceeding?

There are several ways to actively participate:

  1. Subscribe to the proceeding using eSubscription;

  2. Send materials and comments using eFiling;

  3. File comments on draft regulations or when FERC prepares environmental analyses of proposed projects;

  4. Attend public meetings about the the project or topic of interest;

  5. Participate in planned site visits in the proposed project area; or

  6. Become an intervenor in the proceeding.
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2. What do I really need to actively participate in FERC's decision making process?

FERC assigns a unique docket number to every proceeding. You will need the docket number. If you are interested in a hydroelectric or natural gas project, you can find it in the Resources section. More complex cases also have sub-docket numbers.

If you need help finding the docket number of any case or project, call the Office of the Secretary toll free at 1-888-847-8885 or 202-502-8400.

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3. What is an intervenor?

An intervenor is an official party to a proceeding and enjoys distinct advantages over those who only file comments.

Intervenors have the right to:
  1. Participate in hearings before FERC's administrative law judges;

  2. File briefs;

  3. File for rehearing of a Commission decision;

  4. Have legal standing in a Court of Appeals if they challenge the Commission's final decision; and

  5. Be placed on a service list to receive copies of case-related Commission documents and filings by other intervenors.
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4. When is an intervention appropriate?

It depends on your unique circumstances.

As a general rule, you should intervene when you may be materially affected by FERC's decision on a specific case, project or policy.

Intervention gives you the right to challenge FERC's decisions in Court. Non-intervenors can not take the FERC to court.

If you wish to only keep track of case-related correspondance, please use eSubscription.

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5. When should I intervene?

If you are going to intervene, we encourage you to do so as early as possible. The time period for intervention varies. Please look at the particular notice for the deadline to intervene. Generally, you can intervene when the Commission issues a public notice about a proposed project, case or a policy issue.

FERC also allows interventions for a limited time after it releases draft Environmental Impact Statements on a proposed projects.

FERC also will consider late interventions.

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6. What are my obligations when I intervene?

An intervenor must serve other parties in the case.

This means that anytime you send correspondence to FERC about a specific case or project, you must also send copies of it to the Applicant and all the intervenors on the Service List. You are obligated to do this no matter how many intervenors are on the Service List, whether it is 10 or 700. Other intervenors also are obligated to do the same to you.

There is no obligation to send copies of correspondence to other intervenors when you are not sending material to FERC.

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7. What is the easiest way to keep track of a specific project or proceeding?

If you have an email address, the easiest way is to subscribe to a case using eSubscription. You will need the docket number to do that. After you subscribe, FERC will email you when it receives or issues correspondence about the proceeding.

You can also search for correspondence in our eLibrary.

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8. Will FERC notify me if my intervention is accepted?

Timely interventions are automatically accepted as long as no one protests their filing within 15 days of being filed.

Timely and out-of-time interventions are mentioned when the Commission issues its order or decision. FERC seldom mentions an intervention beforehand except in rare circumstances when Staff requests it.

If you efile your request, you will receive an email acknowledging receipt of your request.

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9. Who can I contact if I have questions?

Contact the Office of the Secretary toll free at 1-888-847-8885 or at 202-502-8400 if your question pertains to interventions.

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10. How do I become an intervenor?

Detailed instructions on how to intervene are included in our Help Section under How To. You can also view our flowchart that explains how to intervene.

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