Notice2021-11781
WBI Energy Transmission, Inc.; Notice Denying Late Intervention
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 106 (Friday, June 4, 2021)</title>
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[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Page 30038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11781]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP20-52-000, CP20-52-001]
WBI Energy Transmission, Inc.; Notice Denying Late Intervention
On February 14, 2020, as amended on July 28, 2020, WBI Energy
Transmission, Inc. (WBI) filed an application in Docket Nos. CP20-52-
000 and CP20-52-001 under section 7(c) of the Natural Gas Act and Part
157 of the Commission's regulations seeking authorization to construct
and operate its North Bakken Expansion Project in Burke, McKenzie,
Mountrail, and Williams, Counties, North Dakota.
On February 26, 2020 and August 4, 2020, the Commission issued
notices of WBI's application and amendment, establishing March 18,
2020, and August 25, 2020, respectively as the deadlines to file
motions to intervene. On May 26, 2021, the Natural Gas Supply
Association and the Center for Liquefied Natural Gas (Industry Groups)
filed a late motion to intervene.
Under Rule 214 of the Commission's Rules of Practice and Procedure,
a motion to intervene must state the movant's interest in sufficient
factual detail to demonstrate that the movant has or represents an
interest that may be directly affected by the outcome of the proceeding
or that the movant's participation is in the public interest.\1\
Movants for late intervention must ``show good cause why the time
limitation should be waived'' \2\ and provide justification by
reference to the other factors set forth in Rule 214(d) of the
Commission's Rules of Practice and Procedure.\3\ When acting on any
untimely motion to intervene, Rule 214(d) states that the Commission
may consider whether: (1) The movant had good cause; (2) disruption of
the proceeding might result from permitting intervention; (3) the
movant's interest is adequately represented by other parties in the
proceeding; (4) any prejudice to, or additional burdens upon, the
existing parties might result from permitting the intervention; and (5)
movant satisfied the Commission's filing requirements, including that
it demonstrates it is directly affected by the proceeding and its
intervention is in the public interest.\4\
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\1\ 18 CFR 385.214(b)(2)(ii)-(iii).
\2\ Id. Sec. 385.214(b)(3).
\3\ Id. Sec. 385.214(d)(ii)-(iv) (factors include the potential
disruption caused by such late intervention, whether the movant's
interest is not adequately represented by other parties, and any
prejudice to existing parties). See Northern Natural Gas Co., 175
FERC ] 61,052 (2021).
\4\ 18 CFR 385.214(d).
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In explaining why they were unable to intervene in a timely manner,
Industry Groups state that, due to the Commission's decision in an
unrelated proceeding, they seek to intervene in these proceedings to
allow them to protect their interests should the Commission announce a
new policy that might affect them.\5\ Here, the Industry Groups fail to
demonstrate they have an interest in the proceeding or good cause for
their failure to file a timely intervention.\6\ Thus, this notice
denies their untimely motion to intervene.
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\5\ See Industry Groups Motion to Intervene at 4.
\6\ See, e.g., Pacific Gas & Electric Co., 164 FERC ] 61,121, at
P 21 (2018) (denying late intervention when the primary reason for
late intervention was a concern about precedential effect).
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This notice constitutes final agency action. Requests for rehearing
of this notice must be filed within 30 days of the date of issuance of
this notice, pursuant to section 19(a) of the Natural Gas Act, 15
U.S.C. 717r(a), and Rule 713 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.713.
Dated: May 28, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-11781 Filed 6-3-21; 8:45 am]
BILLING CODE 6717-01-P
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</html>Indexed from Federal Register on June 4, 2021.
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