[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR385.214]

[Page 892-893]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 385--RULES OF PRACTICE AND PROCEDURE--Table of Contents
 
Subpart B--Pleadings, Tariff and Rate Filings, Notices of Tariff or Rate 
Examination, Orders To Show Cause, Intervention, and Summary Disposition
 
Sec. 385.214  Intervention (Rule 214).

    (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 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, a State Commission 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.

[[Page 893]]

    (3) Any person, other than the Secretary of Energy or a State 
Commission, seeking to become a party must file a motion to intervene.
    (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 proceeeding, including any interest as a:
    (A) Consumer,
    (B) Customer,
    (C) Competitor, or
    (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]