Points of Procedure
Secretary Dismisses NMFS’ Second, Unnecessary Intervention Notice
Published: July 10, 2017 at 09:00:31 EDT
On July 6, 2017, FERC’s Secretary, Kimberly Bose, dismissed a notice of intervention filed by National Marine Fisheries Service (NMFS) on June 23, 2017 in a relicensing proceeding for Eugene Water and Electric Board’s (EWEB) Carmen-Smith Hydroelectric Project No. 2242 on the McKenzie River in Lane and Linn Counties, Oregon.
The proceeding began in 2006, when EWEB originally filed its license application.
NMFS filed a notice of intervention on April 27, 2007.
On Oct. 23, 2008, EWEB filed a settlement agreement as a supplement to its final license application.
On Nov. 30, 2016, EWEB filed an amended and restated settlement agreement.
On March 29, 2017, FERC requested EWEB to update various exhibits to reflect the amended settlement agreement.
On May 12, 2017, EWEB filed the updated exhibits.
On May 24, 2017, FERC issued a notice soliciting comments, recommendations, terms and conditions, and prescriptions on EWEB’s application and revised settlement agreement.
In its June 23, 2017 filing, NMFS explained that it submitted the new notice of intervention to avoid confusion as to whether its previous intervention has already served the purpose of allowing NMFS to participate in the proceeding.
Bose said that, under Rule 214(a), NMGS became a party to the proceeding when it timely filed its notice of intervention in 2007. “Intervenor status continues throughout Commission proceedings until the proceedings are terminated upon issuance of an uncontested final order or at the conclusion of administrative or judicial review requested by a party to the proceedings. NMFS would gain nothing by granting it intervenor status a second time in a proceeding that is ongoing and is not yet terminated.”
See ¶214-31: Intervention — Party Status (Granted) for more summaries of orders discussing intervention and the attainment of party status.
Eugene Water and Electric Board, Project No. 2242-078 “Notice Dismissing Notice of Intervention” (July 6, 2017) (Sec. Bose) (Unreported).