Federal Energy Regulatory Commission Denies Late Intervention in Heartland Project

The Federal Energy Regulatory Commission has issued a formal notice denying the late intervention of Wisconsin Electric Power Company, Wisconsin Public Service Corporation, and Wisconsin Power and Light Company in the Heartland Project, a natural gas pipeline construction and operation in Wisconsin and Illinois. The notice comes after the companies jointly filed an untimely motion to intervene on April 18, 2025, citing an administrative oversight as the reason for their delayed participation. However, the Commission has explained that entities cannot "sleep on their rights" and then seek untimely intervention, leading to the denial of the late motion.

Key Takeaways:

• The Federal Energy Regulatory Commission has denied the late intervention of Wisconsin Electric Power Company, Wisconsin Public Service Corporation, and Wisconsin Power and Light Company in the Heartland Project.
• The companies' motion to intervene was untimely, with a deadline of March 27, 2025, to file motions to intervene, which was established in a public notice issued by Commission staff on March 6, 2025.
• Wisconsin Utilities failed to demonstrate good cause for their inability to intervene in a timely manner, citing an administrative oversight as the reason.
• The Commission has previously explained that entities cannot "sleep on their rights" and then seek untimely intervention, citing the case of California Department of Water Resources and City of Los Angeles (120 FERC P 61,057, 2007).
• Requests for rehearing of this notice must be filed within 30 days of the date of its issuance.

Statistics:

• The deadline to file motions to intervene was March 27, 2025.
• 30 days are allowed for requests for rehearing of this notice.
• The Heartland Project is a natural gas pipeline construction and operation in Wisconsin and Illinois.
• The Commission staff issued public notice of ANR Pipeline Company's application on March 6, 2025.

Sources:

• UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ANR Pipeline Company Docket No. CP25-79-000 NOTICE DENYING LATE INTERVENTION (May 12, 2025)
• 18 C.F.R. § 385.214(b)(3) (2024)
• 18 C.F.R. § 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)
• 120 FERC P 61,057, at P 14 (2007), reh'g denied, 120 FERC P 61,248, aff'd sub nom. Cal. Trout and Friends of the River v. FERC, 572 F.3d 1003 (9th Cir. 2009)