How to Intervene with FERC

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If You Missed the FERC Filing Deadline for the MVP

 

If you have recently discovered you’re on one of many alternative pipeline routes filed by MVP, you have the option to register as an intervenor with FERC. This allows any comments and concerns you write and send to FERC through their system to be part of the legal record; it also assures that you have standing in a potential future lawsuit against FERC, should it come to that.

Becoming an intervenor is free and does not legally obligate you to file any complaints or comments. It does entitle you to receive all documentation filed about and by MVP about this pipeline. 

To become an intervenor, you’ll file what is known as an Out-of-Time Motion to Intervene and we encourage you to do so. PMCVA How to be an Intervenor.

To file an Out-of-Time Motion to Intervene, you follow the exact same process listed in the PDF above. The ONLY difference is that instead of selecting either (a) (doc-less) Motion to Intervene or (b) Motion to Intervene is that you need to choose either:

  • (doc-less) Out-of-Time Motion to Intervene – allows you to file as an intervenor without attaching a document – you will be able to provide your reason for filing in a text box OR
  • Motion to Intervene Out-of-Time – allows you to file with an attached document.

According to the FERC:

“The Commission’s regulations dealing with motions for late intervention state that, in acting on such a motion, the decisional authority may consider:

  • Whether the movants had good cause for not filing timely;
  • Any disruption of the proceeding that might result from permitting intervention;
  • Whether the movant’s interest is adequately represented by other parties; and
  • Whether any prejudice to, or additional burden on, existing parties might result from permitting intervention.

Late intervention at the early stages of a proceeding generally does not disrupt the proceeding or prejudice the interest of any party. The Commission is therefore more liberal in granting late intervention at the early stages of a proceeding. A petitioner for late intervention, however, bears a higher burden to show good cause for late intervention after the issuance of a final order in a proceeding and generally it is Commission policy to deny late intervention at the rehearing stage, even when the movant claims that the decision established a broad policy of general application.”

If you are a landowner on a route, your property abuts the pipeline, or you are within the blast zone of any alternative route, you have “good cause” to register.

We know that FERC accepted many out-of-time motions filed on the Atlantic Coast Pipeline so there is no reason to think they will not do so here. Don’t forget that after you file a Motion to Intervene (and it is accepted by the FERC), you need to notify all of the other intervenors on the Service List.  Instructions for how to do this are posted at: http://preservethenrv.com/docs/access_service_list.pdf.

If you have any questions, please do not hesitate to contact us at: contact.pmcva@gmail.com.  We are continually grateful for the hard work of so many in the fight against the Mountain Valley Pipeline.