[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: 18CFR380.10]

[Page 901-902]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 380_REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY 
ACT--Table of Contents
 
Sec. 380.10  Participation in Commission proceedings.

    (a) Intervention proceedings involving a party or parties--(1) 
Motion to intervene. (i) In addition to submitting comments on the NEPA 
process and NEPA related documents, any person may file a motion to 
intervene in a Commission proceeding dealing with environmental issues 
under the terms of Sec. 385.214 of this chapter. Any person who files a 
motion to intervene on the basis of a draft environmental impact 
statement will be deemed to have filed a timely motion, in accordance 
with Sec. 385.214, as long as the motion is filed within the comment 
period for the draft environmental impact statement.
    (ii) Any person that is granted intervention after petitioning 
becomes a party to the proceeding and accepts the record as developed by 
the parties as of the time that intervention is granted.
    (2)(i) Issues not set for trial-type hearing. An intervenor who 
takes a position on any environmental issue that has not yet been set 
for hearing must file a timely motion with the Secretary containing an 
analysis of its position on such issue and specifying any differences 
with the position of Commission staff or an applicant upon which the 
intervenor wishes to be heard at a hearing.
    (ii) Issues set for trial-type hearing. (A) Any intervenor that 
takes a position on an environmental issue set for hearing may offer 
evidence for the record in support of such position and otherwise 
participate in accordance with the

[[Page 902]]

Commission's Rules of Practice and Procedure. Any intervenor must 
specify any differences from the staff's and the applicant's positions.
    (B) To be considered, any facts or opinions on an environmental 
issue set for hearing must be admitted into evidence and made part of 
the record of the proceeding.
    (b) Rulemaking proceedings. Any person may file comments on any 
environmental issue in a rulemaking proceeding.