| (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 to participate as parties in such
proceedings.
(b) Time for filing motion. Motions to intervene must
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 a certificate
of convenience and necessity (CCN) filed under Public Utility Regulatory
Act §39.203(e) or an application for a CCN for a new transmission
facility subject to PURA §37.057, motions to intervene must be
filed within 30 days from the date the application is filed with the
commission. The motion must 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 have all the rights and
obligations of a party pending the presiding officer's ruling on the
motion to intervene.
(d) Late intervention.
(1) Criteria for granting late intervention. A motion
to intervene that was not timely filed may be granted by the presiding
officer. In acting on a late filed motion to intervene, the presiding
officer will 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) Limitations on intervention. The presiding officer
may impose limitations on the participation of an intervenor to avoid
delay and prejudice to the other parties.
(3) Record and procedural schedule. Except as otherwise
ordered, an intervenor must accept the procedural schedule and the
record of the proceeding as it existed at the time of filing the motion
to intervene.
(4) Intervention as a matter of right. 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 will 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 (PFD)
or proposed order (PO) issued. For late interventions, other than
those allowed by paragraph (4) of this subsection, the procedures
in subparagraphs (A) and (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's Office of Policy
and Docket Management (OPDM) will 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. OPDM
will 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.
(B) Denial. If after five working days of the filing
of a motion to intervene, which has been filed after the PFD or PO
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 will 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 will be heard, the
motion will be placed on the latest of the dates specified by the
ballots. The time for ruling on the motion expires 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; amended to be effective May 15, 2024, 49 TexReg 3201 |
