Federal Energy Regulatory Commission Grants Late Motion to Intervene to CNX Gas Company LLC

Strategic Insights -

On August 4, 2025, the Federal Energy Regulatory Commission (FERC) issued an order granting a late motion to intervene to CNX Gas Company LLC (CNX) in the docked proceeding RP25-858-000. The order was issued by Presiding Administrative Law Judge Suzanne Krolikowski, who found that CNX had shown good cause to intervene out-of-time as a firm shipper on the ANR Pipeline System.

CNX filed its motion to intervene on July 15, 2025, asserting that it had a substantial interest in the outcome of the proceeding and that its interests would not be adequately represented by existing parties. The commission considered several factors, including whether CNX had good cause for failing to file the motion within the prescribed time, whether disruption of the proceeding would result from permitting intervention, and whether CNX's interest was adequately represented by other parties.

Key Takeaways:

  • The FERC granted CNX's late motion to intervene in the proceeding RP25-858-000, citing good cause to permit intervention out-of-time.
  • The commission found that CNX had a substantial interest in the outcome of the proceeding as a firm shipper on the ANR Pipeline System.
  • CNX agreed to accept the record as it stands, which was a factor in the commission's decision to grant the motion.
  • The procedural schedule in the proceeding is still in its early stages, and granting CNX's motion is unlikely to burden or prejudice existing parties.
  • The commission considered several factors, including good cause for failing to file the motion, potential disruption of the proceeding, and whether CNX's interest was adequately represented by other parties.
  • The FERC's order granting the motion is consistent with Rule 214, which allows the commission to grant late intervention based on a showing of good cause.

Statistical Analysis:

  • The commission received CNX's motion to intervene on July 15, 2025, and issued its order granting the motion on August 4, 2025.
  • The response period for the motion ended on July 30, 2025, but no answers were filed.
  • According to Rule 214, the commission must consider whether the movant had good cause for failing to file the motion within the prescribed time.
  • The commission must also consider whether any disruption of the proceeding might result from permitting intervention.
  • As required by Rule 214, the commission shall accept the record as it stands when granting late intervention.

Sources:

  • Federal Energy Regulatory Commission. (2025, August 4). UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ANR Pipeline Company Docket No. RP25-858-000 ORDER OF PRESIDING JUDGE GRANTING LATE MOTION TO INTERVENE.
  • 18 C.F.R. SSSS 385.213(d)(1), .2007(a)(2) (2024).
  • 18 C.F.R. SS 385.214(d).
  • Alaska Power & Tel. Co., 98 FERC P 61,092, 61,278 (2002).
  • Cal. Trout v. FERC, 572 F.3d 1003, 1014-15 (9th Cir. 2009).
  • Panda Stonewall, LLC, Order Granting Out-of-Time Motion to Intervene, Docket No. ER17-1821-002, at PP 62-63, 98-99 (May 15, 2018).
  • 18 C.F.R. SS 385.214(d)(1).
  • 18 C.F.R. SS 385.214(d)(3)(ii).