What is an intervenor?
An intervenor is a private individual or a group represented by an attorney, that is determined to be adversely affected by the PATH line that can act as his/her own attorney (party pro se).
The hearing examiner (PSC’s term for the judge that will decide this case) uses evidence produced through intervenors’ motions or testimony to make his or her decision. While the general public can make public comments at an evening hearing towards the end of the process, evidence produced by the intervenors carries the greatest weight in the hearing examiner’s decision. Discovery (questions that Allegheny Energy and other intervenors must address) is only shared among intervenors.
As an intervenor, you can act exactly like Allegheny Energy’s attorneys act during this process. You can file motions, file discovery on Allegheny Energy to obtain information, cross examine Allegheny Energy’s expert witnesses, develop testimony and place your own expert witnesses on the stand to be cross-examined by Allegheny Energy’s attorneys. Your evidence will have “weight” in helping the hearing examiner come to a decision.
Being an intervenor can require as much time as you decide to invest. The important thing to remember as an intervenor is that formal filings must be filed (mailed by the Post Office) to every other intervenor plus an additional 17 copies to the PSC. You can search other PSC case files to learn the format of filings such as motions.
Those wishing to become interveners can simply copy and replace the red with their own personal information and file.
If you have not already applied, why should you become an Intervenor?
If for nothing else, to demonstrate the amount of public opposition to the project! There is only a limited time to become an intervenor so it's better to sign up NOW. Once you are an intervenor, you can do as little or as much as is allowed. You may feel it's not necessary to be an intervenor at this moment, but if the situation changes (which it seems to do often with this case) and you change your mind it may be too late. It's better to be proactive than reactive.
Intervenor Form |
