[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR157.10]

[Page 513-514]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
 PART 157_APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY 
 
   Subpart A_Applications for Certificates of Public Convenience and
 
Sec. 157.10  Interventions and protests.

    (a) Notices of applications, as provided by Sec. 157.9, will fix 
the time within which any person desiring to participate in the 
proceeding may file a petition to intervene, and within which any 
interested regulatory agency, as provided by Sec. 385.214 of this 
chapter, desiring to intervene may file its notice of intervention.
    (1) Any person filing a petition to intervene or notice of 
intervention shall state specifically whether he seeks formal hearing on 
the application.
    (2) Any person may file to intervene on environmental grounds based 
on the draft environmental impact statement as stated at Sec. 
380.10(a)(1)(i) of this chapter. In accordance with that section, such 
intervention will be deemed timely as long as it is filed within the 
comment period for the draft environmental impact statement.
    (3) Failure to make timely filing will constitute grounds for denial 
of participation in the absence of extraordinary circumstances or good 
cause shown.
    (4) Protests may be filed in accordance with Sec. 385.211 of this 
chapter within the time permitted by any person who does not seek to 
participate in the proceeding.
    (b) A copy of each application, supplement and amendment thereto, 
including exhibits required by Sec. Sec. 157.14, 157.16, and 157.18, 
shall upon request be promptly supplied by the applicant to anyone who 
has filed a petition for leave to intervene or given notice of 
intervention.
    (1) An applicant is not required to serve voluminous or difficult to 
reproduce material, such as copies of certain environmental information, 
to all parties, as long as such material is publically available in an 
accessible central location in each county throughout the project area.

[[Page 514]]

    (2) An applicant shall make a good faith effort to place the 
materials in a public location that provides maximum accessibility to 
the public.
    (c) Complete copies of the application must be available in 
accessible central locations in each county throughout the project area, 
either in paper or electronic format, within three business days of the 
date a filing is issued a docket number. Within five business days of 
receiving a request for a complete copy from any party, the applicant 
must serve a full copy of any filing on the requesting party. Such copy 
may exclude voluminous or difficult to reproduce material that is 
publically available. Pipelines must keep all voluminous material on 
file with the Commission and make such information available for 
inspection at buildings with public access preferably with evening and 
weekend business hours, such as libraries located in central locations 
in each county throughout the project area.
    (d) Critical Energy Infrastructure Information. (1) If this section 
requires an applicant to reveal Critical Energy Infrastructure 
Information (CEII), as defined in Sec. 388.113(c) of this chapter, to 
the public, the applicant shall omit the CEII from the information made 
available and insert the following in its place:
    (i) A statement that CEII is being withheld;
    (ii) A brief description of the omitted information that does not 
reveal any CEII; and
    (iii) This statement: ``Procedures for obtaining access to Critical 
Energy Infrastructure Information (CEII) may be found at 18 CFR 388.113. 
Requests for access to CEII should be made to the Commission's CEII 
Coordinator.''
    (2) The applicant, in determining whether information constitutes 
CEII, shall treat the information in a manner consistent with any 
filings that applicant has made with the Commission and shall to the 
extent practicable adhere to any previous determinations by the 
Commission or the CEII Coordinator involving the same or like 
information.
    (3) The procedures contained in Sec. Sec. 388.112 and 388.113 of 
this chapter regarding designation of, and access to, CEII, shall apply 
in the event of a challenge to a CEII designation or a request for 
access to CEII. If it is determined that information is not CEII or that 
a requester should be granted access to CEII, the applicant will be 
directed to make the information available to the requester.
    (4) Nothing in this section shall be construed to prohibit any 
persons from voluntarily reaching arrangements or agreements calling for 
the disclosure of CEII.

[Order 603-A, 64 FR 54536, Oct. 7, 1999, as amended by Order 643, 68 FR 
52095, Sept. 2, 2003]