Petition to Intervene
Stop MPRP, Inc. will intervene on behalf of our members.
Intervening in Maryland Public Service Commission (PSC) proceedings, such as those involving the Maryland Piedmont Reliability Project (MPRP), allows you to become a formal party to the case. As an intervenor, you have the opportunity to actively participate in the legal process, present evidence, cross-examine witnesses, and influence the outcome of the project. This webpage explains the intervention process, what it means to be an intervenor, and provides guidance on navigating this critical role.
What Does It Mean to Be an Intervenor?
Intervenors are formal parties in a PSC case who have a direct and substantial interest in the outcome. Unlike public commenters or interested persons, intervenors play an active role in the legal proceedings. This includes:
- Filing testimony and presenting evidence to support your position.
- Cross-examining witnesses presented by other parties, such as the project applicant or expert panels.
- Submitting legal briefs summarizing your arguments.
- Attending all hearings, including pre-hearing conferences, evidentiary hearings, and comment hearings
Intervenors have full procedural rights, which come with significant responsibilities. These rights allow you to shape the case by ensuring your concerns, whether environmental, economic, or community-related, are formally addressed and if the outcome of the proceedings are not favorable to you. If your property is directly impacted, we suggest you plan to intervene and/or discuss your options with an attorney.
While there is no official title in the regulation for a "passive intervenor" you have that option. A "passive intervenor" can be defined as someone who files a petition to intervene but does not cross-examine witnesses or attend all of the evidentiary hearings. Keep in mind, the PSC streams all hearings on their YouTube channel so everyone is able to watch the proceedings unfold which is a great option for those who choose to be a passive intervenor.
Do you need an attorney?
Individuals can represent themselves in a petition to intervene (pro se). With the help of our legal counsel, Stop MPRP, Inc. will be providing additional guidance and templates to assist with a pro se intervention. The first draft of that information will be shared no later than January 17, 2025.
If possible, individuals should consider engaging an experienced attorney to help you make the strongest case possible for your position and help build a compelling case, and ensure your rights as an intervenor are protected.
For organizations (such as LLCs or Corporations), legal representation is required in PSC proceedings. We recognize several impacted properties are deeded to an LLC or Corporation. We are working on options for those in that situation. If you are the person responsible for a piece of property deeded to an organization, please send an email to orgs@stopmprp.org to join our list of those similarly situated.
Stop MPRP, Inc. Role
Stop MPRP, Inc. will be making a petition to intervene on behalf of our members. You can be a member of Stop MPRP, Inc. and choose to also intervene as an individual or organization.
The Process to Intervene
Step 1: Identify the Case
- Obtain the docket number for the PSC case related to the project (e.g., "Case No. 9773" for the MPRP). This number is essential for filing your motion to intervene.
Step 2: Draft a Motion to Intervene
- Your motion must include:
- Your name or organization’s name and contact information.
- A clear statement explaining your interest in the case and how the project may impact you (e.g., as a property owner, environmental advocate, or concerned resident).
- A formal request to be granted intervenor status.
Step 3: Submit Your Motion
- File your motion electronically through the PSC’s e-file system: PSC e-File System.
- Ensure your filing references the correct docket number to associate it with the case.
Step 4: Await PSC Decision
- The PSC will review your motion to determine whether you meet the criteria for intervention.
- If approved, you will be granted intervenor status and added as a formal party to the case.
Step 5: Fulfill Intervenor Responsibilities
- Engage in the discovery process, respond to inquiries from other parties, and submit formal testimony and evidence within established deadlines.