Filing Comments, Motions to Intervene, and Competing Applications
The deadline for filing comments, motions to intervene, notices of intent, or competing applications (without a notice of intent) is 60 days from the issuance date of the notice of the preliminary permit application, unless otherwise specified in notice.
General Filing Instructions
All filings should bear in all capital letters the title "COMMENTS," "NOTICE OF INTENT TO FILE COMPETING APPLICATION," "COMPETING APPLICATION," and "MOTION TO INTERVENE," as applicable. The project number (P-_______) must be included on any filings made.
Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions for eFiling or documents may be paper-filed. To paper-file, an original and seven copies should be mailed to:
Debbie-Anne A. Reese, Acting Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, D.C. 20426
Pursuant to 18 C.F.R. §385.2010(a) , copies of all documents filed with the Commission should be served on each person in the official service list for the project, including the applicant. Further, if an intervenor files comments with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy on that resource agency, whether or not the resource agency is on the official service list.
Comments or Motions to Intervene
Anyone may submit comments or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR § 385.210 , .211 , and .214 . The Commission will consider all comments filed in making its decision whether or not to issue a preliminary permit, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments or motions to intervene should be received on or before the specified comment date for the particular application.
If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments.
Filing of a Competing Application for Preliminary Permit
Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the comment deadline specified in the notice (see 18 C.F.R. § 4.36 ). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment deadline. A competing preliminary permit application must conform to 18 C.F.R. § 4.30 and §4.36 .
Filing of a Competing Development (License or Exemption) Application
Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before the comment deadline specified in the notice, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment deadline. A competing license application must conform to 18 C.F.R. § 4.30 and §4.36 .
Filing of a “Notice of Intent”
A notice of intent to file either a competing preliminary permit or a competing development application must specify the:
- Exact name
- Business address
- Telephone number
of the prospective applicant, and must include an unequivocal statement of intent to submit either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in the notice, as well as any parties on the official service list. A notice of intent must conform to 18 C.F.R. §4.36(c).