XXI. Participation in Proceedings

As currently written, our rules define the process for obtaining party status only for persons who seek to intervene in a complaint proceeding (Rule 53) and persons who enter an appearance at hearing in an investigation or application proceeding (Rule 54). It is unnecessary to address this matter through two separate rules: for practical purposes, both rules require a person requesting party status to identify his or her interest and to not unduly broaden a proceeding. In addition, the rules are silent on how one becomes a party to a rulemaking, or to an investigation or application in advance of or in the absence of a hearing.

We propose to consolidate and modify Rules 53 and 54 to create a uniform set of rules for obtaining party status in all proceedings, and regardless of whether there is a hearing. Specifically, we propose to clarify that any applicant, protestant, respondent, petitioner, complainant, or defendant is a party to the proceeding, and how any other person seeking to participate in a proceeding may do so. We also propose a new rule defining who is a party for purposes of filing an application for rehearing, relying heavily on other rules dealing with related topics.