Deadline for petition to intervene
Delaware River Partners Has Filed for an Order from Fed Gov’t to Say They (FERC) Don't Have Jurisdiction over the Proposed Gibbstown LNG Export Terminal
To Have Legal Standing You Need to Intervene
What Does That Mean?
How Do I Intervene?
Let Delaware Riverkeeper Network Help You
Intervening on a project that has been filed for approval with the Federal Energy Regulatory Commission (FERC) is important and valuable: it shows how strongly you are opposed to a project, it preserves your rights to bring a legal challenge should you wish to do so down the road, and it ensures you will be fully informed about every step of the process as it goes forward through email notifications.
When FERC accepts an application it sets a deadline for when interventions should be filed. Interventions can be filed after the established deadline but are often rejected by the agency. THE DEADLINE IS OCTOBER 15.
Delaware River Partners (DRP), the subsidiary of New Fortress Energy that wants to build the proposed Gibbstown liquefied natural gas (LNG) export terminal in New Jersey on the Delaware River has submitted a Petition for a “Declaratory Order” to FERC. See the Federal Register Notice here. DRP is asking that FERC find that the project is not subject to FERC’s jurisdiction. DRN objects and has filed for intervention in opposition. See DRN’s Motion to Intervene here.
Here are Step by Step Instructions on how to intervene online for a FERC Docket as well as the text needed for the intervention document you will want to file.
Below are step by step instructions for intervening via the FERC website. If you have not yet registered on the FERC website with your email address, you will have to do so in order to log in or register:
- Go to the FERC.gov website
- On the left side of the page, click on the tab called FERC Online (please note, if you know you are already registered with FERC they have updated their website so you could go to quick links on the right and simply select EFILE, then log in, and jump to step 6 below)
- On the far right select Eregister if you have not yet registered
- If you are registered select Login
- On the left side of the screen select Efiling
- On the main section of the screen, three columns will appear. On the left of the three columns, select general
- Then on center of the three columns select intervention
- On the right of the three columns, select motion to intervene
- Click next
- Enter docket number (ex: Delaware River Partners, LLC CP20-522)
- Click next
- Under the Select column, click the plus sign
- Click next
- In the description box, write Motion to Intervene of [your name] for the Delaware River Partners, LLC Gibbstown Logistics Center
- Choose file: upload PDF (must be PDF!) (see sample text below)
- Click upload
- Click next (you don’t need to select anything else)
- Affiliation box: If you are affiliated with an organization, write it here, if not, leave this space blank
- contact email
- Click next
- Add a signer, select yourself
- Click next
- Provide/edit the description of your submission as you choose
- Confirm that information is accurate
- Click submit
You can also intervene by mail. To do so, you must send
- An original copy of the motion to intervene
- Three copies of the motion to intervene
- Send to:
Federal Energy Regulatory Commission
888 First Street
N.E., Washington, DC 20426
Sample Petition Language – yellow highlight identifies where information must be added:
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
)
Delaware River Partners LLC ) Docket No. CP20-522-000
)
MOTION FOR LEAVE TO INTERVENE
Pursuant to Rules 212 and 214 of the Federal Energy Regulatory Commission's (“Commission”) Rules of Practice and Procedure, 18 C.F.R. § 385.212 and 385.214 (2007), I, name here, files this motion to intervene in this proceeding.
On September 11, 2020, Delaware River Partners, LLC, (“DRP”) filed a Petition for Declaratory Order Disclaiming Jurisdiction and Motion for Expedited Action requesting that the Commission issue an order “stating that DRP’s proposed liquefied natural gas (‘LNG’) transloading operations, as part of its multi-use deep-water seaport and industrial logistics center, the Gibbstown Logistics Center, in Gibbstown, New Jersey (the ‘Facility’) would not subject the Facility to the Commission’s jurisdiction under Section 3 or Section 7 of the Natural Gas Act (‘NGA’).” I oppose DRP’s request for a declaratory order and its request for expedited action.
I. Communications and Service
All communications, pleadings, and orders with respect to this proceeding should be sent to the following individual:
Provide your name,
address,
phone number
email address
II. Interest of Petitioner
Construction, operation and maintenance of the LNG export facility would adversely impact me.
Provide paragraphs on how construction of the LNG export facility will adversely impact you:
e.g. how might it affect your home and family
how it might affect natural resources important to you and how it will impact your enjoyment of those natural resources
how it might affect your work
how it might affect the ways you use your property
how it might impact your community and how that will adversely impact you
I have important information and perspectives to bring to this process, consideration of which will serve the public interest.
III. Conclusion
Wherefore, I, give your name, respectfully requests that the Commission to grant my Motion to Intervene as a party with full rights to participate in all further proceedings.
Respectfully submitted,
Your Name and address