Earth Island Institute d/b/a †††††††††††††††††††††††† )
Renew Missouri, et al.††††††††††† †††††††††††††††††† )
††††††††††††††††††††††††††††††††††††† Complainants,††††† )
v.††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† )†††††††† File No. EC-2013-0382
The Empire District Electric Company †††††††† )
††††††††††††††††††††††††††††††††††††† Respondent.†††††††† )
Issue Date:† March 26, 2013†††††††††††††††††††††††††††††††††† Effective Date:† March 26, 2013
On March 14, 2013, the Missouri Industrial Energy Consumers (MIEC) applied to intervene in this complaint brought by Earth Island Institute d/b/a Renew Missouri and other complainants against The Empire District Electric Company.† That complaint alleges that Empire is in violation of certain provisions of the Commissionís Renewable Energy Standard (RES) rules.† More than ten days have passed since MIEC applied to intervene and no party has opposed that proposed intervention.
Commission Rule 4 CSR 240-2.075(4) allows the Commission to grant an application to intervene if the proposed intervenor has an interest in this case that is different from that of the general public, and that may be adversely affected by a final order arising from this case.† The Commission finds that the members of MIEC are large industrial customers who have an interest in the Commissionís interpretation and enforcement of the RES rules that is different from the interest of the general public.† Therefore, MIECís intervention is appropriate.†
The Commissionís rule on intervention provides that applications to intervene are to be filed within 30 days after the Commission issues notice of the filing of the case, unless the Commission establishes some other deadline. The Commission gave notice of the filing of this complaint to the utility on January 31, 2013, but did not establish a date for intervention.† More than 30 days passed before MIEC applied to intervene, so, as it acknowledges, MIECís motion to intervene was filed out of time.
Because it was filed late, MIECís intervention is only proper if the Commission finds good cause for that late intervention under Commission Rule 4 CSR 240-2.075(10).† The Commission finds good cause in this case.† It is unusual for third parties to intervene in complaints before the Commission as typically such complaints are brought to assert a customerís rights or claims against a utility.† However, this complaint asserts a public interest in the proper interpretation of the Commissionís regulation.† The Commission did not provide notice of the filing of the complaint except to the respondent utility.† As a result, MIECís delay in applying to intervene is excusable.† MIEC accepts the record has it has been established thus far and allowing it to intervene will not cause harm to any party.
The Commission finds good cause for MIEC to late-file its application to intervene, and will grant that application. †
THE COMMISSION ORDERS THAT:
1.†††††† The Application to Intervene Out of Time of the Missouri Industrial Energy Consumers is granted.
2.†††††† This order shall become effective upon issuance.
BY THE COMMISSION
Morris L. Woodruff, Chief Regulatory
Law Judge, by delegation of authority
pursuant to Section 386.240, RSMo 2000.
on this 26th day of March, 2013.
 4 CSR 240-2.075(1).