Be an Intervenor
An intervenor in this case is someone willing to be an active participant throughout the process. This is now a legal battle, any communication and evidence given will be presented before a judge. Please keep this in mind when deciding to be an intervenor for this case. Below are a list of requirements the PUC asks of each intervenor willing to participate.
If you decide to intervene and become a party in a case, you will be required to follow certain procedural rules:
- You are required to timely respond to requests for information from other parties who seek information.
- If you file testimony, you must appear at a hearing to be cross-examined.
- If you file testimony or any letters or other documents in the case, you must send copies of the documents to every party in the case and you must file multiple copies with the PUC.
- If you intend to participate at the hearing and you do not file testimony, you must at least file a statement of position, which is a document that describes your position in the case.
- Failure to comply with these procedural rules may serve as grounds for you to be dismissed as an intervenor in the case.
- If you wish to participate in the proceedings it is very important to attend any prehearing conferences.
Intervenors may represent themselves or have an attorney to represent them in a CCN case. If you intervene in a case, you may want an attorney to help you understand the PUC’s procedures and the laws and rules that the PUC applies in deciding whether to approve a transmission line. The PUC encourages landowners to intervene and become parties.
Did you receive a packet?
After April 28th, residents directly affected by any of the proposed routes by the LCRA received a large envelope with the CCN Application. Based on whether you received a packet or not will determine how you can be involved and the process.
Yes, I received a packet
If you received a packet from the LCRA, this means you have a right to be an intervenor in the process and can make your voice heard.
You have until June 13th to submit your application. Do not waste this opportunity!
You will be given the opportunity to testify your disagreement with the primary proposed route (Route 31) and give the reasons why they should consider other routes. As an intervenor, they will give you advanced notice as to what would be expected and the time required.
If you believe you would be unable to testify, you can always decline afterwards, however if you do not submit your application by June 13th, you don’t have the option to testify later and are stating that you will be fine with whatever decision the PUC makes for the power lines.
To intervene, either complete the form in the packet,, scan and print 10 copies or download and print 10 copies of the form. Send all 10 copies in a single envelope to :
Public Utility Commission of Texas
Attn: Filing Clerk
1701 N. Congress Ave.
P.O. Box 13326
Austin, TX 78711-3326
We have confirmed with the PUC that the forms must be at their location by June 13th, not just postmarked. It only takes a few minutes to send the forms, please do not wait until the last day to submit!
No, I did not receive a packet
For those who do not have a habitable structure (home) not within the 300 ft distance of a proposed route, you are not directly affected and it is not required the LCRA send you a packet. This does not mean you can’t testify! It does mean that you do not have 100% right to testify and the Administrative Legal Judge (ALJ) may not allow your testimony to be presented as evidence in this case.
You can still download and print the intervenor form and submit as someone who did receive a packet. The deadline is June 13th.
We have done a lot of research regarding the “indirect affected” intervention process and here’s the most frequently asked questions and what to expect. The information we’ve gathered has come from various sources including the PUC, state and local representatives and attorneys familiar with the process.
Do I intervene as an individual or as a group? If I submit as part of a group, am I more likely to be allowed to testify?
Whether you submit your application as an individual or as a group, it counts as a single testimony. The ALJ has the power to grant or deny applications from those not directly affected. With so many affected by this project, we anticipate a high volume of intervenors to apply however this should not stop you from sending in your request to intervene. If the PUC receives a very high number of intervention applications, even if you are not picked, the sheer volume of requests helps the cause.
If I don’t get picked, is that it for me?
If you submit your form and the ALJ denies your request, you have three days to respond to give one last chance (appeal) to request they accept your testimony. You must be able to provide a compelling reason to be admitted. We’ve been told that your proximity to affected homes and the power lines will help your case. They want to make sure those who are applying are truly affected by the lines as opposed to those not affected in any way.