CALIFORNIA ENERGY COMMISSION
Margret J. Kim, Public Adviser

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1. What Is Intervention?

A process by which members of the public, individuals and groups, may formally participate in a power plan licensing or siting case by becoming a party to the proceedings of that case.

2. What law governs this process?

The Energy Commission is governed by the Warren-Alquist Act (Public Resources Code Section 25000 et seq.) and California Code of Regulations (Title 20). Both references are available to you on the Energy Commission Web Site. An updated version of the regulations can be found at www.calregs.com.

3. What Rights do intervenors have in a formal siting proceeding?

While any member of the public may comment at formal hearings, only parties can testify. Comments may only be used to influence a decision and cannot, on their own, be used to support a decision. Testimony though, because it is given under oath and subject to cross examination, has greater weight, and can be used to support a finding on any relevant issue. Additionally intervenors have a right to:

• Receive all filings in a case including the original application


• Receive all notices of hearings and workshops


• Present evidence and witnesses at any hearings


• Cross-examine the witnesses presented by other parties


• Request and obtain data from all other parties


• File documents relevant to the siting proceedings including motions, petitions, objections, and briefs

4. What Responsibilities do intervenors have in a formal siting proceeding?

• Serving the intervenor's papers on all other parties


• Presenting the intervenor's witnesses for cross-examination by other parties


• Responding to data requests from other parties as outlined in Energy Commission regulations


• Complying with the assigned committee's orders. Such orders typically require:


• Identifying witnesses and witness qualifications


• Identifying issues requiring a decision by the Energy Commission


• Serving testimony and exhibits by due dates established in the order


• Filing and serving post-hearing briefs when necessary to protect the intervenor's interests in a case


• Complying with all other requirements of a party

5. How can a group or individual become an intervenor in a formal siting proceeding?

The Intervention process begins with a formal request to the Energy Commission called a Petition for Intervention. Twelve copies of this petition must be submitted. The petition is then considered by a two member committee who will grant the petition if appropriate grounds are stated in the request or the presiding member of the committee may grant leave to the extent he or she deems reasonable and relevant. Appropriate grounds would include living in the vicinity of the proposed power plant, having an interest in the area, having an interest in the construction of the plant, having an interest in a waterway or other natural body affected, as well as other similar interests.

6. When must the Petition for Intervention be filed with the Energy Commission?

The petition must be filed at least thirty days prior to the first evidentiary hearing of the siting proceeding. This hearing will take place between ninety and one-hundred days after the application has formally been accepted to begin the siting process. Petitions for intervention are not usually accepted until the committee is appointed and data adequacy phase is complete (usually forty-five days after an application is first filed). If the petition is filed after the first evidentiary hearing has been held, the petitioner must additionally make a showing of good cause. In any event, it is important to intervene as soon as possible as any issues resolved prior to intervention will not be reopened unless the intervenor can show good cause in a motion to the presiding committee member (typically changed factual circumstance, unacceptable prejudice, or critical new evidence). The petition along with proof of service should be sent to the Energy Commission Docket Unit at:

7. What happens if an individual's Petition for Intervention is denied by the two member committee?

The petitioner may appeal a denial to the full five member committee but must do so within fifteen days of denial or that denial becomes final.

Click Here For Applicable Law (Title 20 California Code of Regulations Section 1207(d))

8. Can an intervenor ever withdraw from participation in the siting proceeding?

At any time during the proceeding, an intervenor or party may request to withdraw from further participation by filing a Request to Withdraw.

9. What does it cost to intervene in Energy Commission Proceedings?

The intervenor is responsible for all intervention related costs. The costs of intervention vary significantly, depending primarily upon the following factors: (1) the number of workshops and hearings held; (2) the method of representation, such as self-representation or representation by an attorney; (3) the costs for time spent on intervention-related activities, and (4) the number and scope of various filings in the case. The Commission does not charge for processing the petitions to intervene. Also, it does not reimburse intervenors for any intervention-related costs. Therefore, we have no information regarding theses costs except to state that they may vary significantly for reasons mentioned above.

10. Can an intervenor be excused from costs associated with being an intervenor?

If either requirement of intervention: (1) Filing twelve copies of the Petition for Intervention or (2) serving all other parties of record with the petition creates an undue financial hardship upon the intervenor due to unemployment or other such reasons, the intervenor may so state in a petition to intervene or file with the Commission a Financial Hardship Petition. If granted, the intervenor will be excused from these requirements. The decision to grant or deny a Financial Hardship Petition is discretionary and determined by the two-member committee assigned to conduct the proceeding. The intervenor granted hardship status must still file the original of the document with the Dockets Unit, but the copying and serving requirements are performed for the intervenor by the Docket Unit. Alternatively, the intervenor may file one original paper copy with the Docket Unit and electronic copies in the manner specified in section 1209.5 of the Commission's regulations.

Click Here For Applicable Law (Title 20 California Code of Regulations Section 1209.5)

NOTICE: Distributed by the Public Adviser's Office. This is for informational purposes only. It is designed to assist you in understanding the process. It is, therefore, general in nature and does not discuss all exceptions and variations.