Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-121 - Interventions

Current through June 25, 2024
1.
When Allowed
Upon timely motion, any person may be permitted to
					 intervene in a proceeding when the movant has a substantial interest relating
					 to the property, transaction or outcome of the proceeding at issue and the
					 movant is so situated that the disposition of the proceeding may as a practical
					 matter impair or impede his or her ability to protect that interest. Leave thus
					 granted shall entitle the intervenor to the status of a party and to
					 participate as a party, subject to such conditions as may be prescribed by the
					 Commission.
2.
Procedure
A person desiring to intervene shall file a motion to
					 intervene with the Commission, shall serve a motion to intervene upon the
					 filing party and upon all other parties in the proceeding. The motion shall
					 state the grounds and specific facts therefore. The motion shall be signed by
					 the attorney appearing on behalf of a party or by the party himself and shall
					 provide the movant's name, address, facsimile number and e-mail address, where
					 available. The motion shall contain a certificate of service stating that
					 service was made upon all parties of record. The movant shall attach a proposed
					 order to the motion filed with the Commission.
3.
Time For
Motions to intervene shall be filed on or before twenty
					 (20) days from the date the proposed intervenor receives actual notice or
					 constructive notice of the proceeding, whichever occurs first. Constructive
					 notice is given by the filing of a proceeding; however, if public notice
					 thereof is published, then constructive notice is given by the last publication
					 date.
4.
Objections
Any utility or party may file an objection to the
					 intervention request within seven (7) calendar days of the filing of an
					 intervention request. If no objection is timely filed and the Commission deems
					 it proper, the Commission may enter an order allowing the timely
					 intervention.
5.
Late Interventions
Motions to intervene not timely filed under this rule shall
					 be allowed at the discretion of the Commission and only upon good cause shown.
					 Except as otherwise ordered, a grant of an untimely motion to intervene must
					 not be a basis for delaying or deferring any procedural schedule established
					 prior to the grant of that motion. The Commission may impose limitations on the
					 participation of a late intervenor to avoid delay and prejudice to the other
					 participants. Except as otherwise ordered, a late intervenor must accept the
					 record of the proceedings as the record was developed prior to the late
					 intervention.
6.
Other Parties
The Commission may, in any proceeding pending before it,
					 order that any person or corporation whose interest will be affected by the
					 result of such proceeding be made or permitted to be made a party thereto.
					 Thereafter, all those so made parties, or those permitted to be so made parties
					 who avail themselves of such right, shall be entitled to have notice of
					 hearings and be heard in person or by attorney, subject to such conditions as
					 may be prescribed by the Commission in each case.
7.
Public Witness
A public witness does not have the rights of a party to
					 examine witnesses or otherwise participate in the proceedings. The Commission,
					 in any proceeding before it, may allow public witnesses to introduce evidence
					 at a hearing by written or oral statements and exhibits. A public witness's
					 written or oral statements and exhibits may be subject to examination and
					 objection.
8.
Furnishing of Filed Documents to Intervenor
The person who initiated the filing shall upon written
					 request provide the requesting intervenor with copies of documents previously
					 filed by the party.