18 C.F.R. § 385.214

Intervention (Rule 214)

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(a) Filing. (1) The Secretary of Energy is a party to any proceeding upon filing a notice of intervention in that proceeding. If the Secretary's notice is not filed within the period prescribed under Rule 210(b), the notice must state the position of the Secretary on the issues in the proceeding.

(2) Any State Commission, the Advisory Council on Historic Preservation, the U.S. Departments of Agriculture, Commerce, and the Interior, any state fish and wildlife, water quality certification, or water rights agency; or Indian tribe with authority to issue a water quality certification is a party to any proceeding upon filing a notice of intervention in that proceeding, if the notice is filed within the period established under Rule 210(b). If the period for filing notice has expired, each entity identified in this paragraph must comply with the rules for motions to intervene applicable to any person under paragraph (a)(3) of this section including the content requirements of paragraph (b) of this section.

(3) Any person seeking to intervene to become a party, other than the entities specified in paragraphs (a)(1) and (a)(2) of this section, must file a motion to intervene.

(4) No person, including entities listed in paragraphs (a)(1) and (a)(2) of this section, may intervene as a matter of right in a proceeding arising from an investigation pursuant to Part 1b of this chapter.

(b) Contents of motion. (1) 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.

(2) A motion to intervene must also state the movant's interest in sufficient factual detail to demonstrate that:

(i) The movant has a right to participate which is expressly conferred by statute or by Commission rule, order, or other action;

(ii) The movant has or represents an interest which may be directly affected by the outcome of the proceeding, including any interest as a:

(A) Consumer,

(B) Customer,

(D) Security holder of a party; or

(iii) The movant's participation is in the public interest.

(3) 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.

(c) Grant of party status. (1) If no answer in opposition to a timely motion to intervene is filed within 15 days after the motion to intervene is filed, the movant becomes a party at the end of the 15 day period.

(2) If an answer in opposition to a timely motion to intervene is filed not later than 15 days after the motion to intervene is filed or, if the motion is not timely, the movant becomes a party only when the motion is expressly granted.

(d) Grant of late intervention. (1) In acting on any motion to intervene filed after the period prescribed under Rule 210, the decisional authority may consider 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 conforms to the requirements of paragraph (b) of this section.

(2) Except as otherwise ordered, a grant of an untimely motion to intervene must not be a basis for delaying or deferring any procedural schedule established prior to the grant of that motion.

(3)(i) The decisional authority may impose limitations on the participation of a late intervener to avoid delay and prejudice to the other participants.

(ii) Except as otherwise ordered, a late intervener must accept the record of the proceeding as the record was developed prior to the late intervention.

(4) If the presiding officer orally grants a motion for late intervention, the officer will promptly issue a written order confirming the oral order.

[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as amended by Order 376, 49 FR 21705, May 23, 1984; Order 2002, 68 FR 51142, Aug. 25, 2003; Order 718, 73 FR 62886, Oct. 22, 2008]

Notes of Decisions

Cited in 29 cases (2 in the last 5 years), 1986–2024 · leading case: California Trout v. Fed. Energy Regulatory Comm'n, 572 F.3d 1003 (9th Cir. 2009).

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California Trout v. Fed. Energy Regulatory Comm'n, 572 F.3d 1003 (9th Cir. 2009). · cites it 18× “See 18 C.F.R. § 385.214 . Under the rule, a person who fails to intervene may not become a party and later challenge the ultimate agency determination.”

City of Orrville v. Fed. Energy Regulatory Comm'n, 147 F.3d 979 (D.C. Cir. 1998). · cites it 9× “Orrville’s Claims Orrville contends that, in rejecting its late intervention motion, the Commission erred in two respects: (1) rather than assess Orr-ville’s motion according to the five factors set forth in 18 C.F.R. § 385.214 (d)(1) (1997), the Commission applied an…”

State Ex Rel. MoGas Pipeline LLC v. Missouri Pub. Serv. Comm'n, 366 S.W.3d 493 (Mo. 2012). · cites it 6× “FEDERAL LAW Finally, the PSC notes that 18 C.F.R. § 385.214 (a)(2) of the FERC regulations permits state public utility commissions to intervene in FERC matters.”

Port of Seattle v. Fed. Energy Regulatory Comm'n, 499 F.3d 1016 (9th Cir. 2007). · cites it 2× “The process of intervening, not particularly relevant here, is laid out at 18 C.F.R. § 385.214 . FERC has interpreted 18 C.”

Power Co. of Am., L.P. v. Fed. Energy Regulatory Comm'n, 245 F.3d 839 (D.C. Cir. 2001). · cites it 2× “See 18 C.F.R. § 385.214 (b)(3). PCA has not demonstrated good cause, certainly not to a degree sufficient to warrant our upsetting the Commission’s application of its own procedural rule.”

Ne. Rural Elec. Membership Corp. v. Wabash Valley Power Ass'n, 707 F.3d 883 (7th Cir. 2013). “[a] tariff or rate filing”); 18 C.F.R. § 385.214 (requirements for intervention).”

Green Island Power Auth. v. Fed. Energy Regulatory Comm'n, 577 F.3d 148 (2d Cir. 2011). · cites it 2× “Turning to the specific orders for which rehearing was sought, FERC first addressed its denial of the various motions to intervene, treating each as untimely and thus evaluating them pursuant to the fac *156 tors delineated in Rule 214(d) of its regulations, 18 C.F.R. § 385.214…”

Delaware Riverkeeper Network v. Fed. Energy Regulatory Comm'n, 243 F. Supp. 3d 141 (D.D.C. 2017). · cites it 2× “¶ 93); 18 C.F.R. § 385.214 (c)(1). Plaintiffs brought this suit before completion of the FERC review process, alleging that the review process is itself constitutionally deficient.”

Wabash Valley Power Ass'n v. Fed. Energy Regulatory Comm'n, 268 F.3d 1105 (D.C. Cir. 2001). “aggrieved by an order issued by the Commission in such proceeding may obtain a review of such order” by filing suit within 60 days.”

State of Alaska v. Fed. Energy Regulatory Comm'n, Trans Alaska Pipeline Sys. (Taps Carriers), Petro Star Inc., Intervenors, 980 F.2d 761 (D.C. Cir. 1992). · cites it 2× “The Commission instituted a formal investigation and allowed Alaska to intervene pursuant to 18 C.F.R. § 385.214 . Amerada Hess Pipeline Corp.”

Columbia Riverkeeper v. United States Coast Guard, 761 F.3d 1084 (9th Cir. 2014). “Riverkeeper and other environmental organizations intervened in the FERC proceedings pursuant to 18 C.F.R. § 385.214 on November 17, 2008.”

Sierra Club v. FERC, 97 F.4th 16 (D.C. Cir. 2024). “”); 18 C.F.R. § 385.214 (FERC procedures for intervention).”

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