16 Tex. Admin. Code § 22.104 - Motions to Intervene
(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.
Notes
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