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United States. Federal Energy Regulatory Commission

Federal Energy Regulatory Commission Denies Late Intervention in Longwall Mining Panel M1 Project

Strategic Insights

— 2 min read

The Federal Energy Regulatory Commission has issued a formal notice denying a late intervention motion filed by the Peoples Natural Gas Company LLC (Peoples) in the Longwall Mining Panel M1 Project, citing a failure to demonstrate good cause for their untimely filing. The Commission established June 4, 2025, as the deadline to file motions to intervene, and Peoples filed their motion on June 5, 2025, stating that they failed to intervene in a timely manner due to an administrative oversight. However, the Commission has previously explained that an entity cannot "sleep on its rights" and then seek untimely intervention.

Key Takeaways:

  • The Federal Energy Regulatory Commission denied a late intervention motion filed by the Peoples Natural Gas Company LLC (Peoples) in the Longwall Mining Panel M1 Project.
  • The Commission established June 4, 2025, as the deadline to file motions to intervene, and Peoples filed their motion on June 5, 2025.
  • Peoples failed to demonstrate good cause for their inability to intervene in a timely manner, citing an administrative oversight.
  • The Commission has previously explained that an entity cannot "sleep on its rights" and then seek untimely intervention, citing a 2007 decision in California Department of Water Resources and City of Los Angeles.
  • The notice constitutes final agency action, and requests for rehearing must be filed within 30 days of the date of its issuance.
  • The Commission's rules of practice and procedure require movants for late intervention to show good cause for their inability to intervene in a timely manner and provide justification by reference to other factors.

Statistics:

  • June 4, 2025: Deadline to file motions to intervene in the Longwall Mining Panel M1 Project.
  • June 5, 2025: Peoples Natural Gas Company LLC (Peoples) filed an untimely motion to intervene.
  • 2024: The Commission's regulations, including 18 C.F.R. S 385.214(b)(3), were in effect.
  • 2007: The Commission explained that an entity cannot "sleep on its rights" and then seek untimely intervention in California Department of Water Resources and City of Los Angeles, 120 FERC P 61,057.
  • 9th Circuit, 2009: The decision in California Department of Water Resources and City of Los Angeles, 572 F.3d 1003, was affirmed.

Sources:

  • 18 C.F.R. S S 385.214(b)(3) (2024)
  • 18 C.F.R. S S 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)
  • Cal. Dep't of Water Res. and City of Los Angeles, 120 FERC P 61,057 (2007)
  • Cal. Trout and Friends of the River v. FERC, 572 F.3d 1003 (9th Cir. 2009)

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