Methods for Becoming a Party to a Proceeding – Rule 1.4
You will need to choose one of the methods for becoming a party listed in Rule 1.4 (below) from the CPUC's Rules of Practice and Procedure (RPP). The methods that are viable will depend on what stage the proceeding is in.
Rule 1.4 states:
A person may become a party to a proceeding by:
- Method(1) filing an application (other than an application for rehearing pursuant to Rule 16.1), petition, or complaint;
(The terms “application,” “petition,” and “complaint” refer to formal documents written and filed according to appropriate Rules in the RPP. These are filed by regulated entities and other interested persons/organizations that request CPUC approval and/or action on an issue under CPUC jurisdiction. Those interested persons that file an application, petition, or formal complaint with the CPUC automatically become parties to the proceeding. If you are looking to participate in an open proceeding, this is not a method you can use to become a party.)
(i) protest or response to an application (other than an application for rehearing pursuant to Rule 16.1) or petition, or
(ii) comments in response to a rulemaking;
(Filing a protest, response, or comments must be done so by deadlines set pursuant to Rule 2.6. These are time sensitive filings that generally need to be filed soon after an application or rulemaking has been filed. If you would like to file a protest, response, or opening comments, Public Advisor's Office provides templates you can use to create your document. Please click here.)
- Method(3) making an oral motion to become a party at a prehearing conference or hearing
(The CPUC typically holds a prehearing conference (PHC) early in the proceeding (to discuss scope of the proceeding among other matters) and will sometimes hold a PHC before the start of another phase in the proceeding. Interested persons can request party status at the PHC.)
- Method (4) filing a motion to become a party.
(If an interested person or organization would like to become a party to a proceeding that has been going on for a while or if they do not wish to use the other methods, they have the option to file a motion for party status. The motion must address Rule 1.4.b. If you would like to file a motion for party status, Public Advisor's Office provides templates you can use to create your documents. Please click here.)
The ALJ may, where circumstances warrant, deny party status or limit the degree to which a party may participate in a proceeding. In ruling on party status, the ALJ will balance the interests of the person seeking party status with the burden on the existing parties and the process if the person is allowed to enter the proceeding. Considerations may include but are not limited to whether the grant of party status will cause a delay in the proceeding, whether it will prejudicially protect late entrant from discovery, whether the late presentation of factual or legal contentions will prejudice existing parties, and whether there is good cause for the person’s failure to participate in a more timely fashion.
More Links to Help You
Step 2: Creating Formal Documents – Templates Provided (motion for party status, protests, comments, etc.)
Step 3: Serving and Filing Formal Documents in a Proceeding
Contact Public Advisor's Office if you have questions