Neb. Rev. Stat. » Chapter 84
Nebraska Revised Statutes

Neb. Rev. Stat. § 84-912.02 (2026)

Petition for intervention; hearing officer or designee; grant petition; conditions; powers and duties; order

✓ current as of July 2026
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(1) A hearing officer or designee shall grant a petition for intervention if:

(a) The petition is submitted in writing to the hearing officer or designee, with copies mailed to all parties named in the hearing officer's notice of the hearing, at least five days before the hearing;

(b) The petition states facts demonstrating that the petitioner's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and

(c) The hearing officer or designee determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.

(2) The hearing officer or designee may grant a petition for intervention at any time upon determining that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings.

(3) If a petitioner qualifies for intervention, the hearing officer or designee may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Conditions may include:

(a) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;

(b) Limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and

(c) Requiring two or more intervenors to combine their presentation of evidence and argument, cross-examination, discovery, and other participation in the proceedings.

(4) The hearing officer or designee, at least twenty-four hours before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions and briefly stating the reasons for the order. The hearing officer or designee may modify the order at any time, stating the reasons for the modification. The hearing officer or designee shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.

Notes of Decisions
Cited in 3 cases, 2002–2019 · leading case: Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003), 303 Neb. 872 (Neb. 2019).
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Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003), 303 Neb. 872 (Neb. 2019). · cites it 5× “On cross-appeal, Yankton Sioux assigns, restated and consolidated, that the PSC erred by (1) approving a route which does not serve the public interest, (2) violating Yankton Sioux's procedural due process and equal protection rights, and (3) applying § 84-912.02 of the…”
City of Lincoln v. Cent. Platte Nat. Resources Dist., 638 N.W.2d 839 (Neb. 2002). · cites it 3× “Saunders County asserts that the notice should have contained the factors with respect to granting intervention stated in Neb. Rev. Stat. § 84-912.02 (Reissue 1999).”
In re Application No. OP-0003 -- (TransCanada), 303 Neb. 872 (Neb. 2019). · cites it 5× “Yankton Sioux also joins in the errors assigned by the landowner appellants. The Sierra Club filed a brief but did not include any assign- ments of error.”
— Neb. Rev. Stat. § 84-912.02(3) — 2 cases
Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003), 303 Neb. 872 (Neb. 2019). “On cross-appeal, Yankton Sioux assigns, restated and consolidated, that the PSC erred by (1) approving a route which does not serve the public interest, (2) violating Yankton Sioux's procedural due process and equal protection rights, and (3) applying § 84-912.02 of the…”
In re Application No. OP-0003 -- (TransCanada), 303 Neb. 872 (Neb. 2019). “Yankton Sioux also joins in the errors assigned by the landowner appellants. The Sierra Club filed a brief but did not include any assign- ments of error.”
— Neb. Rev. Stat. § 84-912.02(4) — 2 cases
Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003), 303 Neb. 872 (Neb. 2019). “On cross-appeal, Yankton Sioux assigns, restated and consolidated, that the PSC erred by (1) approving a route which does not serve the public interest, (2) violating Yankton Sioux's procedural due process and equal protection rights, and (3) applying § 84-912.02 of the…”
In re Application No. OP-0003 -- (TransCanada), 303 Neb. 872 (Neb. 2019). “Yankton Sioux also joins in the errors assigned by the landowner appellants. The Sierra Club filed a brief but did not include any assign- ments of error.”
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