Instructions for Becoming an Intervenor with FERC

The Deadline for Intervening is 5pmET January 6, 2016

To Intervene, you must first Register with 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 – “General” – “Intervention” page.

You will need to register with FERC to access this part of the site. It’s free and relatively easy.

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, professional organizations and other entities can intervene.

You will be asked to fill in reasons that you are (or your organization is) a stakeholder in this matter. It is best if you type up your comment before, and just copy and paste it into this box.

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 landowners, ratepayer, etc.  Also state that you are opposed to the project.

Make sure you’re Registered with FERC .
After you log in, 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) 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 will be issued when FERC accepts the application).

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, chooseMotion to Intervene. (see graphic above)
Click the Next button.

A search form appears.  Search for the Docket number for Northeast Energy Direct – #CP16-21-000.

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 to choose a file to upload onto the FERC library.

Click “Choose File”.
Navigate to where your file is located on your computer and select and it. Then click upload.

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.

OBLIGATIONS OF AN INTERVENOR
The only obligation you have upon intervening is to send all of your 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”.

See samples of Motions to intervene by clicking the link here:

http://www.nofrackedgasinmass.org/sample-motions/