Federal Energy Regulatory Commission Rejects Motion to Intervene Out-of-Time

Strategic Insights -

The Federal Energy Regulatory Commission has issued an order rejecting a motion to intervene out-of-time filed by the Interstate Natural Gas Association of America (INGAA) in Docket No. RP24-971-000. In a procedural report issued on July 10, 2025, the Commission found that INGAA failed to show good cause for its tardiness and that its interest was adequately represented by other parties in the proceeding.

Key Takeaways:

  • INGAA filed a motion to intervene out-of-time on June 18, 2025, nine months past the deadline for intervention in Docket No. RP24-971-000.
  • The Commission found that INGAA failed to demonstrate good cause for its tardiness, citing a lack of foresight as an insufficient excuse.
  • The Commission also found that INGAA's interest was adequately represented by existing parties, rendering its intervention unnecessary.
  • The Commission's determination is consistent with its previous finding in Docket No. RP25-936-000 that INGAA had not provided good cause for its late intervention.
  • The Presiding Administrative Law Judge denied INGAA's motion to intervene out-of-time in Docket No. RP24-971-000, citing the Commission's regulations on intervention.

Statistics:

  • 9 months: the time elapsed between the intervention deadline and the filing of INGAA's motion to intervene out-of-time.
  • 2 parties: BP Energy Company and Chevron U.S.A. Inc., which opposed INGAA's motion.
  • 5 considerations: the Commission weighed in deciding whether to grant the motion to intervene out-of-time, including good cause, disruption, representation, prejudice, and conformity with regulations.
  • 1 exception: the Commission's grant of intervenor status in Docket No. RP25-936-000, with INGAA intervening 2 days past the deadline.

Sources:

  • 18 C.F.R. § 385.214(d)(1) (2024)
  • Motion to Intervene Out-of-Time of the Interstate Natural Gas Association of America, Docket No. RP24-971-000 (June 18, 2025)
  • Answer of the Indicated Shippers in Opposition to Motions to Intervene Out-of-Time and Motion for Leave to Answer and Answer of the Interstate Natural Gas Association of America, Dockets No. RP24-971-000 and RP25-936-000 (June 23, 2025)
  • Vector Pipeline L.P., 191 FERC P 61,242, at P 2 (2025) (Section 4 Hearing Document Accession #: 20250710-3045 Filed Date: 07/10/2025 Docket No. RP24-971-000 and RP25-936-000)