---
kind: "section"
citation: "18 C.F.R. § 385.214"
title: "18"
number: "385.214"
heading: "Intervention (Rule 214)."
url: "https://uscodex.org/cfr/18/385.214"
---

# §385.214. Intervention (Rule 214).

- (a) **Filing.**
  - (1) The Secretary of Energy is a party to any proceeding upon filing a notice of intervention in that proceeding. If the Secretary's notice is not filed within the period prescribed under [Rule 210(b)](/cfr/18/210.md?p=b), the notice must state the position of the Secretary on the issues in the proceeding.
  - (2) Any State Commission, the Advisory Council on Historic Preservation, the U.S. Departments of Agriculture, Commerce, and the Interior, any state fish and wildlife, water quality certification, or water rights agency; or Indian tribe with authority to issue a water quality certification is a party to any proceeding upon filing a notice of intervention in that proceeding, if the notice is filed within the period established under [Rule 210(b)](/cfr/18/210.md?p=b). If the period for filing notice has expired, each entity identified in this paragraph must comply with the rules for motions to intervene applicable to any person under [paragraph (a)(3)](#a-3) of this section including the content requirements of [paragraph (b)](#b) of this section.
  - (3) Any person seeking to intervene to become a party, other than the entities specified in paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section, must file a motion to intervene.
  - (4) No person, including entities listed in paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section, may intervene as a matter of right in a proceeding arising from an investigation pursuant to [Part 1b](/cfr/18/part1b.md) of this chapter.
- (b) **Contents of motion.**
  - (1) Any motion to intervene must state, to the extent known, the position taken by the movant and the basis in fact and law for that position.
  - (2) A motion to intervene must also state the movant's interest in sufficient factual detail to demonstrate that:
    - (i) The movant has a right to participate which is expressly conferred by statute or by Commission rule, order, or other action;
    - (ii) The movant has or represents an interest which may be directly affected by the outcome of the proceeding, including any interest as a:
      - (A) Consumer,
      - (B) Customer,
      - (C) Competitor, or
      - (D) Security holder of a party; or
    - (iii) **The movant's participation is in the public interest.**
  - (3) If a motion to intervene is filed after the end of any time period established under [Rule 210](/cfr/18/210.md), such a motion must, in addition to complying with [paragraph (b)(1)](#b-1) of this section, show good cause why the time limitation should be waived.
- (c) **Grant of party status.**
  - (1) If no answer in opposition to a timely motion to intervene is filed within 15 days after the motion to intervene is filed, the movant becomes a party at the end of the 15 day period.
  - (2) If an answer in opposition to a timely motion to intervene is filed not later than 15 days after the motion to intervene is filed or, if the motion is not timely, the movant becomes a party only when the motion is expressly granted.
- (d) **Grant of late intervention.**
  - (1) In acting on any motion to intervene filed after the period prescribed under [Rule 210](/cfr/18/210.md), the decisional authority may consider whether:
    - (i) The movant had good cause for failing to file the motion within the time prescribed;
    - (ii) Any disruption of the proceeding might result from permitting intervention;
    - (iii) The movant's interest is not adequately represented by other parties in the proceeding;
    - (iv) Any prejudice to, or additional burdens upon, the existing parties might result from permitting the intervention; and
    - (v) **The motion conforms to the requirements of paragraph (b) of this section.**
  - (2) Except as otherwise ordered, a grant of an untimely motion to intervene must not be a basis for delaying or deferring any procedural schedule established prior to the grant of that motion.
  - (3)
    - (i) The decisional authority may impose limitations on the participation of a late intervener to avoid delay and prejudice to the other participants.
    - (ii) Except as otherwise ordered, a late intervener must accept the record of the proceeding as the record was developed prior to the late intervention.
  - (4) If the presiding officer orally grants a motion for late intervention, the officer will promptly issue a written order confirming the oral order.

## Notes

### Amendments

[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as amended by Order 376, 49 FR 21705, May 23, 1984; Order 2002, 68 FR 51142, Aug. 25, 2003; Order 718, 73 FR 62886, Oct. 22, 2008]

### Authority

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015).

### Source

Source: Order 225, 47 FR 19022, May 3, 1982, unless otherwise noted.

### Amendments

[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as amended by Order 376, 49 FR 21705, May 23, 1984; Order 2002, 68 FR 51142, Aug. 25, 2003; Order 718, 73 FR 62886, Oct. 22, 2008]