16 U.S.C. § 2631

Intervention in proceedings

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(a) Authority to intervene and participate

In order to initiate and participate in the consideration of one or more of the standards established by subchapter II or other concepts which contribute to the achievement of the purposes of this chapter, the Secretary, any affected electric utility, or any electric consumer of an affected electric utility may intervene and participate as a matter of right in any ratemaking proceeding or other appropriate regulatory proceeding relating to rates or rate design which is conducted by a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or by a nonregulated electric utility.

(b) Access to information

Any intervenor or participant in a proceeding described in subsection (a) shall have access to information available to other parties to the proceeding if such information is relevant to the issues to which his intervention or participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State regulatory authority (in the case of proceedings concerning electric utilities for which it has ratemaking authority) or by the nonregulated electric utility (in the case of a proceeding conducted by a nonregulated electric utility).

Any intervention or participation under this section, in any proceeding commenced before November 9, 1978, but not completed before such date, shall be permitted under this section only to the extent such intervention or participation is timely under otherwise applicable law.

(Pub. L. 95–617, title I, § 121, Nov. 9, 1978, 92 Stat. 3128.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.

Notes of Decisions

Cited in 7 cases, 1981–2007 · leading case: Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982).

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Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982). · cites it 8× “16 U. S. C. § 2631 (a). Under Title III, the Secretary alone has the right to intervene.”

Earle M. Jorgensen Co. v. City of Seattle, 665 P.2d 1328 (Wash. 1983). · cites it 6× “III Appellants next claim they were denied a right to "intervene and participate" pursuant to 16 U.S.C. § 2631 (a) (Supp. 2, 1978). That section provides: In order to initiate and participate in the consideration of one or more of the standards established by subchapter II of…”

Idaho Power Co. v. Idaho Pub. Utils. Comm'n, 639 P.2d 442 (Idaho 1981). · cites it 4× “16 U.S.C. § 2631 (a) authorizes any electric consumer (among others) to intervene and participate as a matter of right in any rate making proceeding or other appropriate regulatory proceeding relating to rates or rate design which is conducted by a state regulatory authority.”

Stanley U. Robinson, III v. Dep't of Pub. Utils., Etc., 835 F.2d 19 (1st Cir. 1987). · cites it 3× “may intervene and participate as a matter of right in any ratemak-ing proceeding or other appropriate regulatory proceeding relating to rates or rate design which is conducted by a State regulatory authority .”

Power v. Washington Water Power Co., 662 P.2d 374 (Wash. 1983). · cites it 2× “16 U.S.C. § 2631 (a). See H.R. Conf. Rep.”

Appeal of Campaign for Ratepayers' Rights, 634 A.2d 1345 (N.H. 1993). “” 16 U.S.C. § 2631 (a) (1978). The legislative history indicates that this section “creates a Federal right of participation and intervention in ratemaking proceedings.”

Rodriguez-Feliciano v. Puerto Rico Elec. Power Auth., 488 F. Supp. 2d 45 (D.P.R. 2007). · cites it 3× “] or of this subtitle [16 USCS §§ 2631 et seq.]- 1 16 U.S.C. § 2633 .”

— 16 U.S.C. § 2631(a) — 1 case

Rodriguez-Feliciano v. Puerto Rico Elec. Power Auth., 488 F. Supp. 2d 45 (D.P.R. 2007). “] or of this subtitle [16 USCS §§ 2631 et seq.]- 1 16 U.S.C. § 2633 .”

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