There are many factors to consider when deciding whether you or an organization would like to intervene in a docket. Below are a few factors to think about in making the decision.
Participation in Commission proceedings
Members of the public can participate in a Commission docket by filing comments. If you want to get more involved, you can also petition to intervene as a formal party. Both parties and non-parties can ask to speak during hearings in front of the full Commission, but decisions about who is allotted speaking time are made on a case-by-case basis by the Commission Chair and are not guaranteed.
How to intervene to become a formal party
If you want to become a formal party, you can file a Petition for Intervention using Minnesota rules. Your petition must explain the specific reasons you want to intervene.
When intervention is allowed
The Commission will allow intervention under four circumstances:
you are considered by statute to be interested in the type of matter
you are specifically identified in a different statute as an interested party
the proceeding will bind or affect you with respect to a specific interest different from the interest of the public
your interests are not adequately represented by the other parties in the case
Benefits of becoming a formal party
Formal parties have the right to participate in contested case hearings and to file motions before the Commission.
What is a contested case
A docket may be referred to the Office of Administrative Hearings for a contested case if it involves disputed facts. While non-parties can always file comments in a contested case, parties are allowed to introduce testimony through expert witnesses, and participate in the contested case hearing. Most Commission dockets are resolved without a contested case hearing.
What is a motion
A motion is a formal request for the Commission to take action in a docket that is already pending. Motions are not common.
Participant compensation
In some circumstances, nonprofit organizations or Tribal governments are eligible to request compensation for the costs of participating in a Commission docket. Compensation can only be requested by intervenors or participants that have materially assisted the Commission’s decision-making in certain dockets. Formal intervention as a party is not a requirement to be eligible for compensation. You can find more information about participant compensation in Minnesota Statutes § 216B.631.
Large energy facilities cases
For large energy facilities permitting contested case hearings, the public is afforded a heightened level of participation without the necessity of intervention. The public can offer direct testimony or written testimony that is not under oath and the public can question all persons testifying consistent with Minnesota law. If you have questions about how to intervene or whether that is a good option for you, contact Commission staff at publicadvisor.puc@state.mn.us.
Learn more about participating on the Commission's Get Involved webpage:
Citations
Filing a motion to intervene is in Minn. Rule 7829.0800
Filing a motion is in Minn. Rule 7829.0410 ()
Participant compensation is in Minn. Stat. § 216B.631
Submitting testimony and question witnesses in large energy facilities permitting is in Minn. Rule 1405.0800
Old intervenor compensation statute Minn. Stat. § 216B.16
