[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Page 30038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11781]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP20-52-000, CP20-52-001]


WBI Energy Transmission, Inc.; Notice Denying Late Intervention

    On February 14, 2020, as amended on July 28, 2020, WBI Energy 
Transmission, Inc. (WBI) filed an application in Docket Nos. CP20-52-
000 and CP20-52-001 under section 7(c) of the Natural Gas Act and Part 
157 of the Commission's regulations seeking authorization to construct 
and operate its North Bakken Expansion Project in Burke, McKenzie, 
Mountrail, and Williams, Counties, North Dakota.
    On February 26, 2020 and August 4, 2020, the Commission issued 
notices of WBI's application and amendment, establishing March 18, 
2020, and August 25, 2020, respectively as the deadlines to file 
motions to intervene. On May 26, 2021, the Natural Gas Supply 
Association and the Center for Liquefied Natural Gas (Industry Groups) 
filed a late motion to intervene.
    Under Rule 214 of the Commission's Rules of Practice and Procedure, 
a motion to intervene must state the movant's interest in sufficient 
factual detail to demonstrate that the movant has or represents an 
interest that may be directly affected by the outcome of the proceeding 
or that the movant's participation is in the public interest.\1\ 
Movants for late intervention must ``show good cause why the time 
limitation should be waived'' \2\ and provide justification by 
reference to the other factors set forth in Rule 214(d) of the 
Commission's Rules of Practice and Procedure.\3\ When acting on any 
untimely motion to intervene, Rule 214(d) states that the Commission 
may consider whether: (1) The movant had good cause; (2) disruption of 
the proceeding might result from permitting intervention; (3) the 
movant's interest is adequately represented by other parties in the 
proceeding; (4) any prejudice to, or additional burdens upon, the 
existing parties might result from permitting the intervention; and (5) 
movant satisfied the Commission's filing requirements, including that 
it demonstrates it is directly affected by the proceeding and its 
intervention is in the public interest.\4\
---------------------------------------------------------------------------

    \1\ 18 CFR 385.214(b)(2)(ii)-(iii).
    \2\ Id. Sec.  385.214(b)(3).
    \3\ Id. Sec.  385.214(d)(ii)-(iv) (factors include the potential 
disruption caused by such late intervention, whether the movant's 
interest is not adequately represented by other parties, and any 
prejudice to existing parties). See Northern Natural Gas Co., 175 
FERC ] 61,052 (2021).
    \4\ 18 CFR 385.214(d).
---------------------------------------------------------------------------

    In explaining why they were unable to intervene in a timely manner, 
Industry Groups state that, due to the Commission's decision in an 
unrelated proceeding, they seek to intervene in these proceedings to 
allow them to protect their interests should the Commission announce a 
new policy that might affect them.\5\ Here, the Industry Groups fail to 
demonstrate they have an interest in the proceeding or good cause for 
their failure to file a timely intervention.\6\ Thus, this notice 
denies their untimely motion to intervene.
---------------------------------------------------------------------------

    \5\ See Industry Groups Motion to Intervene at 4.
    \6\ See, e.g., Pacific Gas & Electric Co., 164 FERC ] 61,121, at 
P 21 (2018) (denying late intervention when the primary reason for 
late intervention was a concern about precedential effect).
---------------------------------------------------------------------------

    This notice constitutes final agency action. Requests for rehearing 
of this notice must be filed within 30 days of the date of issuance of 
this notice, pursuant to section 19(a) of the Natural Gas Act, 15 
U.S.C. 717r(a), and Rule 713 of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.713.

    Dated: May 28, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-11781 Filed 6-3-21; 8:45 am]
BILLING CODE 6717-01-P