(a) Necessity for filing motion to intervene. Applicants,
complainants, and respondents, as defined in §22.2 of this title
(relating to Definitions), are necessary parties to proceedings which
they have initiated or which have been initiated against them, and
need not file motions to intervene in order to participate as parties
in such proceedings.
(b) Time for filing motion. Motions to intervene shall
be filed within 45 days from the date an application is filed with
the commission, unless otherwise provided by statute, commission rule,
or order of the presiding officer. For an application for certificate
of convenience and necessity filed under Public Utility Regulatory
Act §39.203(e), motions to intervene shall be filed within 30
days from the date the application is filed with the commission. The
motion shall be served upon all parties to the proceeding and upon
all persons that have pending motions to intervene.
(c) Rights of persons with pending motions to intervene.
Persons who have filed motions to intervene shall have all the rights
and obligations of a party pending the presiding officer’s ruling
on the motion to intervene.
(d) Late intervention.
(1) A motion to intervene that was not timely filed
may be granted. In acting on a late filed motion to intervene, the
presiding officer shall consider:
(A) any objections that are filed;
(B) whether the movant had good cause for failing to
file the motion within the time prescribed;
(C) whether any prejudice to, or additional burdens
upon, the existing parties might result from permitting the late intervention;
(D) whether any disruption of the proceeding might
result from permitting late intervention; and
(E) whether the public interest is likely to be served
by allowing the intervention.
(2) The presiding officer may impose limitations on
the participation of an intervenor to avoid delay and prejudice to
the other parties.
(3) Except as otherwise ordered, an intervenor shall
accept the procedural schedule and the record of the proceeding as
it existed at the time of filing the motion to intervene.
(4) In an electric licensing proceeding in which a
utility did not provide direct notice to an owner of land directly
affected by the requested certificate, late intervention shall be
granted as a matter of right to such a person, provided that the person
files a motion to intervene within 15 days of actually receiving the
notice. Such a person should be afforded sufficient time to prepare
for and participate in the proceeding.
(5) Late intervention after Proposal for Decision or
Proposed Order issued. For late interventions, other than those allowed
by paragraph (4) of this subsection, the procedures in subparagraphs
(A)-(B) of this paragraph apply:
(A) Agenda ballot. Upon receipt of a motion to intervene
after the PFD or PO has been issued, the Commission Advising and Docket
Management Division shall send separate ballots to each commissioner
to determine whether the motion to intervene will be considered at
an open meeting. An affirmative vote by one commissioner is required
for consideration of a motion to intervene at an open meeting. The
Commission Advising and Docket Management Division shall notify the
parties by letter whether a commissioner by individual ballot has
added the motion to intervene to an open meeting agenda, but will
not identify the requesting commissioner(s).
(B) Denial. If after five working days of the filing
of a motion to intervene, which has been filed after the Proposal
for Decision or Proposed Order has been issued, no commissioner has
by agenda ballot, placed the motion on the agenda of an open meeting,
the motion is deemed denied. If any commissioner has balloted in favor
of considering the motion, it shall be placed on the agenda of the
next regularly scheduled open meeting or such other meeting as the
commissioners may direct by the agenda ballot. In the event two or
more commissioners vote to consider the motion, but differ as to the
date the motion shall be heard, the motion shall be placed on the
latest of the dates specified by the ballots. The time for ruling
on the motion shall expire three days after the date of the open meeting,
unless extended by action of the commission.
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Source Note: The provisions of this §22.104 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 1, 1996, 21 TexReg 1393; amended to be effective July 15, 1999, 24 TexReg 5186; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective September 2, 2009, 34 TexReg 5907; amended to be effective December 4, 2016, 41 TexReg 9472 |