UPDATE ON KINDER MORGAN PIPELINE: JANUARY 6TH DEADLINE TO BE AN INTERVENOR

 FERC has accepted Kinder Morgan’s Northeast Direct Pipeline application, filed November 20th. Landowners, neighbors, affected communities, and ratepayers can now intervene, gaining the right to participate in a hearing, file a brief, and challenge a FERC decision. Many potential intervenors are affected by the laterals associated with this project as well as the central pipeline. Guidance on becoming an intervenor is available here  (details are also pasted below in this email).  The deadline to apply to be an intervenor is January 6th, 2016.   Docket No. CP16-21

Intervening at FERC

» Click Here for Sample Motions to Intervene on the NED Docket

Now that Kinder Morgan has formally filed its NED application at FERC (Docket No. CP16-21), we encourage everyone who could be impacted by the project to intervene.  A large number of intervenors opposing the project can influence FERC’s decision-making process. Deadline for intervening: January 6th, 2016 (5pm) (read FERC’s notice).  (Download this Printable Handout on How to Intervene at FERC)

Here is FERC’s guidance on intervening. As an intervenor, you gain the right to participate in a hearing, file a brief, and challenge a FERC decision (you don’t have these rights if you simply file comments).  Intervening does not require you to hire a lawyer or participate further, it simply keeps the options open for you.

WHO CAN INTERVENE? Individuals, organizations, businesses, municipalities and other entities can intervene.  You do not need to have property directly on the route to intervene.

The regulatory requirements specify what you should include in your motion; be sure to provide sufficient detail to show that you have or represent an “interest which may be directly affected by the outcome of the proceeding”.  This can include your status as a landowner, ratepayer, resident of an impacted community or watershed, etc.  Also state that you are opposed to the project (or whatever position you are taking on the project, “to the extent known”– sometimes intervenors have specific concerns but no not oppose the project as a whole).

HOW TO INTERVENE AT FERC You can either submit a document as an e-Filing, or use FERC’s “(doc-less) Motion to Intervene”.  The form to choose either option looks like this on the e-Filing page– “General” – “Intervention”.  Even if you are using the Doc-less filing, is best if you type up what you want to say beforehand; you will be asked to fill in reasons that you are (or your organization is) a stakeholder in this matter, and you can just copy and paste it into this box.

You will need to register with FERC to access this part of the site. It’s free and relatively easy.

HOW TO FILE

After you log in on the FERC website, click the e-Filing link.

Under Filing Type choose General in the first column. Wait a moment for choices to appear in the second column, then choose Intervention.

DOC-LESS FILING (Doc-less filing doesn’t require you to prepare a Motion to Intervene document, just file online.) Wait a moment for choices to appear in the third column, choose (doc-less) Motion to Intervene. (see graphic above) Click the Next button.

A search form appears. Search for the Docket number for Northeast Energy Direct (a new Docket number, CP16-21, has been assigned).

A listing for should appear. Click on the blue plus sign in the right column under Select. Your Docket number should now appear under the Selected Dockets listing. “Application for a Certificate of Public Convenience . . . ” Click the Next button. You are now prompted for a Document-less Intervention Description. Fill in reasons why you or your organization is a stakeholder in this matter. Click the Next button.

Specify whether you are filing as an Individual, or on behalf of another party. Click the Next button.

Specify who should get email notices. Add yourself as a Signer. Click the Next button.

A draft Submission Description appears. Click the Next button to accept the default, or change it.

E-FILING (DOCUMENT) FILING Another way to file is to write your own Motion to Intervene and submit the document as an e-File. This allows you to set the application on your organization’s or personal letterhead and have a copy of the document for your own files.

Under Filing Type choose General in the first column. Wait a moment for choices to appear in the second column, then choose Intervention. Wait a moment for choices to appear in the third column, choose Motion to Intervene. (see graphic above) Click the Next button.

You are asked to select a Docket.  Enter CP16-21.

A listing for should appear. The NED project should appear, listed as “Application for a Certificate of Public Convenience and Necessity (Northeast Energy Direct Project)”. Click on the blue plus sign in the right column under Select. The NED docket information should now appear under the “Selected Dockets” listing. Click the Next button.

You are now prompted to upload a file. Click “choose file” to attach your prepared motion from your computer. Enter a file description, and click “Next” (or upload additional files first if you have attachments to your motion).

Specify whether you are filing as an Individual, or on behalf of another party. Click the Next button.

Specify who should get email notices. Add yourself as a Signer. Click the Next button.

A draft Submission Description appears. Click the Next button to accept the default, or change it.

OBLIGATIONS OF AN INTERVENOR The only obligation you have upon intervening is to email your motion to the pipeline company (Jacquelyne_Rocan@kindermorgan.com; curt_moffatt@kindermorgan.com; shannon_miller@kindermorgan.com; ben_carranza@kindermorgan.com; mrp@vnf.com); and send any subsequent docket submissions to the “service list”, which is the list of everyone who has intervened (and the pipeline company).  FERC allows you to do this by email, and provides an updated list of addresses for you to download when you click on “Query Service List”.

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