US FERC 18 CFR 385.214 Intervention Rule 214 Guide: Party Status and Late Filings

Key Takeaways

• You must file a motion to intervene to become a party in a FERC proceeding.
• Motions require demonstrating a directly affected interest or public interest.
• Timely motions grant automatic party status after 15 days if unopposed.
• Late intervenors must show good cause and accept the existing procedural record.

Understanding FERC Rule 214 for Intervention

Federal Energy Regulatory Commission (FERC) proceedings are governed by specific procedural rules. Among these, 18 CFR 385.214, known as "Intervention (Rule 214)," outlines the process for individuals or entities to become formal parties in a FERC docket. This rule is part of the "RULES OF PRACTICE AND PROCEDURE" under Part 385. It establishes how you can formally participate in matters such as interconnection disputes, rate filings, or other proceedings relevant to solar and energy storage.

Filing a Motion to Intervene

If you seek to become a party in a FERC proceeding, you must file a motion to intervene. The rule states, "Any person seeking to intervene to become a party, other than the entities specified in paragraphs (a)(1) and (a)(2) of this section, must file a motion to intervene." Your motion must clearly articulate your position. It must also provide "the basis in fact and law for that position." This ensures that FERC understands your interest and why your participation is relevant to the case.

Criteria for Gaining Party Status

To successfully intervene, your motion must demonstrate specific criteria. You must show that you "has or represents an interest which may be directly affected by the outcome of the proceeding." This includes various types of interests, such as those held by a solar developer in a transmission or market proceeding. Alternatively, you can demonstrate that "participation is in the public interest." Both pathways allow for formal involvement in FERC's decision-making process.

Timely Motions and Automatic Party Status

FERC Rule 214 provides a mechanism for timely motions to intervene to gain party status without an explicit order. "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." This provision streamlines the process for unopposed interventions. However, if "an answer in opposition to a timely motion to intervene is filed... the movant becomes a party only when the motion is expressly granted."

Late Interventions and Good Cause

Circumstances may prevent you from filing a motion to intervene within the prescribed timeframe. In such cases, Rule 214 allows for late interventions, but with specific requirements. You must "show good cause why the time limitation should be waived." This "good cause" is a critical factor for FERC to consider.

A key consequence of late intervention is the acceptance of the existing record. "Except as otherwise ordered, a late intervener must accept the record of the proceeding as the record was developed prior to the late intervention." This means you generally cannot challenge procedural steps or evidence that occurred before your formal entry into the case.