In the Matter of the Joint Application of Southern††††††† )
Union Company d/b/a Missouri Gas Energy, ††††††††††††† )††††††††
The Laclede Group, Inc., and Laclede Gas† ††††††††† ††††††††† )†††††
Company for an Order Authorizing the Sale,††††††††† †††††††††††††† )†††††††† File No.† GM-2013-0254
Transfer, and Assignment of Certain Assets and†††††††† )
Liabilities from Southern Union Company to †††††††††††††† )
Laclede Gas Company and, in Connection †††††††††††††††† )
Therewith, Certain other Related Transactions††††††††††† )
Issue Date:† March 13, 2013†††††††††††††††††††††††††††††††††† Effective Date:† March 13, 2013
On January 14, 2013, Southern Union Company, d/b/a Missouri Gas Energy, The Laclede Group, Inc., and Laclede Gas Company (Joint Applicants), filed an application asking the Commission to approve a sale in which Laclede Gas Company would acquire the entire franchise, works, and system of Southern Unionís Missouri Gas Energy operating division.† The Commission provided notice of that filing and established February 13 as the deadline for interested parties to apply to intervene.† †
On February 27, International Brotherhood of Electrical Workers, Local Union No. 53 (IBEW 53) applied to intervene.† IBEW 53 is a labor organization that represents call center employees employed by Missouri Gas Energy.† IBEW 53 contends it has an interest in this case different from the interest of the general public in that it is concerned about the possible impact of the proposed merger on the jobs of the employees of Missouri Gas Energyís Kansas City call center.† IBEW 53 explains that it acted as expeditiously as possible to submit an application to intervene after learning of the filing of the application for approval of the proposed sale.† IBEW 53 also affirmatively states that it will accept the record as it has been established thus far.
The Joint Applicants responded to IBEW 53ís application to intervene on March 4.† They point out what they believe to be deficiencies in the application to intervene, but affirmatively state that despite those deficiencies, they do not object to IBEW 53ís application to intervene.† No other party has responded to the application to intervene.† ††
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 IBEW 53ís interest in the jobs of its members, particularly those of the call center employees of Missouri Gas Energy, constitutes an interest that warrants intervention in this case.† Nevertheless, since IBEW 53 filed its application to intervene 14 days after the intervention deadline the Commission established for this case, IBEW 53ís intervention is only proper if the Commission finds good cause for that late intervention under Commission Rule 4 CSR 240-2.075(10).†
†IBEW 53 does not frequently appear before this Commission and it is understandable that it might require more time to perceive the need to intervene and to take the steps necessary to file an application to intervene.† In this, the early stages of this case, a two-week delay in filing for intervention does not prejudice, or even inconvenience, any other party.† Therefore, the Commission finds good cause for IBEW 53 to late-file its application to intervene, and will grant that application. †
THE COMMISSION ORDERS THAT:
1.†††††† The Application of IBEW Local 53 to Intervene Out of Time 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 13th day of March, 2013.