Intervening at FERC

Guidance on this page should not be construed as legal advice.

** The window to file timely Motions to Intervene closed at 5pm on Jan 15th.  We encourage everyone who could be impacted by the NED project (Docket No. CP16-21) to intervene at FERC.  It remains possible to file “out-of-time” (i.e., after the official deadline), but is best to file as soon as possible. (You should explain why you are filing late, and it is recommended that you state that because it it early in the proceeding, your intervention will not be disruptive or prejudicial to others in the proceeding.)**

» Filings of note :

How to file

» Click Here for Sample Motions to Intervene on the NED Docket

Here is FERC’s guidance on intervening. As an intervenor, you gain the right to participate in a hearing, file a brief, and challenge a FERC decision (you don’t have these rights if you simply file comments).  Intervening does not require you to hire a lawyer or participate further, it simply keeps the options open for you.

WHO CAN INTERVENE?
Individuals, organizations, businesses, municipalities and other entities can intervene.  You do not need to have property directly on the route to intervene.

The regulatory requirements specify what you should include in your motion; be sure to provide sufficient detail to show that you have or represent an “interest which may be directly affected by the outcome of the proceeding”.  This can include your status as a landowner, ratepayer, resident of an impacted community or watershed, etc.  Also state that you are opposed to the project (or whatever position you are taking on the project, “to the extent known”– sometimes intervenors have specific concerns but no not oppose the project as a whole).

HOW TO INTERVENE AT FERC
You can either submit a document as an e-Filing, or use FERC’s “(doc-less) Motion to Intervene”.  The form to choose either option looks like this on the e-Filing page– “General” – “Intervention”.  Even if you are using the Doc-less filing, is best if you type up what you want to say beforehand; you will be asked to fill in reasons that you are (or your organization is) a stakeholder in this matter, and you can just copy and paste it into this box.

Screen Shot 2015-10-19 at 3.17.51 PM
You will need to register with FERC to access this part of the site. It’s free and relatively easy.

HOW TO FILE

After you log in on the FERC website, click the e-Filing link.

Under Filing Type choose General in the first column.
Wait a moment for choices to appear in the second column, then choose Intervention.

DOC-LESS FILING
(Doc-less filing doesn’t require you to prepare a Motion to Intervene document, just file online.)

Wait a moment for choices to appear in the third column, choose (doc-less) Out-of-TIme Motion to Intervene. (see graphic above)
Click the Next button.

A search form appears. Search for the Docket number for Northeast Energy Direct (a new Docket number, CP16-21, has been assigned).

A listing for should appear.
Click on the blue plus sign in the right column under Select.
Your Docket number should now appear under the Selected Dockets listing. “Application for a Certificate of Public Convenience . . . ”
Click the Next button.
You are now prompted for a Document-less Intervention Description. Fill in reasons why you or your organization is a stakeholder in this matter.
Click the Next button.

Specify whether you are filing as an Individual, or on behalf of another party.
Click the Next button.

Specify who should get email notices.
Add yourself as a Signer.
Click the Next button.

A draft Submission Description appears.
Click the Next button to accept the default, or change it.


E-FILING (DOCUMENT) FILING
Another way to file is to write your own Motion to Intervene and submit the document as an e-File. This allows you to set the application on your organization’s or personal letterhead and have a copy of the document for your own files.

Under Filing Type choose General in the first column.
Wait a moment for choices to appear in the second column, then choose Intervention.

Wait a moment for choices to appear in the third column, choose Out-of-Time Motion to Intervene. (see graphic above)
Click the Next button.

You are asked to select a Docket.  Enter CP16-21.

A listing for should appear.
The NED project should appear, listed as “Application for a Certificate of Public Convenience and Necessity (Northeast Energy Direct Project)”.
Click on the blue plus sign in the right column under Select.
The NED docket information should now appear under the “Selected Dockets” listing.
Click the Next button.

You are now prompted to upload a file.
Click “choose file” to attach your prepared motion from your computer.
Enter a file description, and click “Next” (or upload additional files first if you have attachments to your motion).

Specify whether you are filing as an Individual, or on behalf of another party.
Click the Next button.

Specify who should get email notices.
Add yourself as a Signer.
Click the Next button.

A draft Submission Description appears.
Click the Next button to accept the default, or change it.

OBLIGATIONS OF AN INTERVENOR
The only obligation you have upon intervening is to email your motion to the pipeline company (Jacquelyne_Rocan@kindermorgan.com; curt_moffatt@kindermorgan.com; shannon_miller@kindermorgan.com; ben_carranza@kindermorgan.com; mrp@vnf.com); and send any subsequent docket submissions to the “service list”, which is the list of everyone who has intervened (and the pipeline company).  FERC allows you to do this by email, and provides an updated list of addresses for you to download when you click on “Query Service List”.


Sample intervention motions from NED Docket:

» Individuals:
– Kathryn Eiseman (pdf)   (click here for.doc version you can adapt)
Scott Slattery(minimal Doc-less)
– Rosemary Wessel  (longer Doc-less)
Stephen Worth / Folly Farm
– Sean Radcliffe (near proposed compressor)

» Municipal:
– Town of Dracut
– Town of Shelburne
– Town of Pepperell
– Town of Dunstable
City of Peabody, MA
– Merrimack School District
Town of Ashby Board of Health

» Organizations:
– PLAN-NE
Mass Audubon
– Trustees of Reservations
– Westfield Wild and Scenic(Doc-less)

» Businesses: 
– Clarkdale Fruit Farm
– Hawks Farm

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