04 NCAC 11 R01-19. UTILITIES COMMISSION

R1-19     INTERVENTION

(a)  Contents of Petition. - Any person having an interest in the subject matter of any hearing or investigation pending before the Commission may become a party thereto and have the right to call and examine witnesses, cross-examine opposing witnesses, and be heard on all matters relative to the issues involved, by filing a verified petition with the Commission giving the docket number and title of the proceeding and the following information in separately numbered paragraphs:

(1)           The correct name, post-office address and electronic mailing address of the petitioner.

(2)           The name, post office address and electronic mailing address of counsel representing the petitioner, if any.

(3)           A clear, concise statement of the nature of the petitioner's interest in the subject matter of the proceeding, and the way and manner in which such interest is affected by the issues involved in the proceeding.

(4)           A statement of the exact relief desired.

(b)  When Filed. - Petitions under this rule shall be filed with the Commission not less than 10 days prior to the time the proceeding is called for hearing, unless the notice of hearing fixes the time for filing such petitions, in which case such notice shall govern.  A petition, which for good cause shown was not filed within the time herein limited, and which neither broadens the issues nor seeks affirmative relief, may be presented to and allowed or denied by the presiding official, in his discretion, at the time the cause is called for hearing.

(c)  Copies Required. - See Rule R1-5, Subsection (g).

(d)  Leave. - Leave to intervene filed within the time herein provided, in compliance with this rule and showing a real interest in the subject matter of the proceeding, will be granted as a matter of course, but granting such leave does not constitute a finding by the Commission that such party will or may be affected by any order or rule made in the proceeding.  Failure of any party to file answer or reply to such petition for leave to intervene does not constitute an admission of the facts stated in such petition, nor a waiver of the right to move to dismiss said petition at the time the cause is called for hearing for failure to comply with this Rule.

(e)  Notices of Intervention by the Public Staff. - Notices of Intervention by the Public Staff shall be deemed recognized without the issuance of any order.  As a general rule, Notices of Intervention by the Public Staff need not be filed in advance of any hearing and appearances may be made and noted at the hearing.  If the Public Staff elects to do so, Notices of Intervention may be filed in certain cases.  The filing of testimony and exhibits and otherwise complying with all other Rules and Regulations of the Commission are not affected by this provision.

(NCUC Docket No. M-100, Sub 75, 10/27/77; NCUC Docket No. M-100, Sub 128, 11/03/99; NCUC Docket No. M-100, Sub 134, 3/11/10.)