HOW TO BE AN INTERVENOR FOR NON-LANDOWNERS IN TEXAS

DISCLAIMER: This is NOT meant to be all-inclusive list of how-to. This is NOT meant to be

a substitute for securing legal services from an attorney or consultant. But it is an attempt

to help EVERYONE begin to understand the process, and also to share with others. All our

information plus much more that we cannot reproduce efficiently comes from the websites

of ERCOT, PUC, LCRA, ONCORE and CPE-Energy. This is only intended to help citizens

move forward in their search for information.

No, you do not always have to be an “affected party” in the strictest sense to be an

intervenor in a transmission case with a Public Utility Commission (PUC). But there are

some nuances:

1. Intervention in PUC cases generally allows a person or entity to participate

formally in a docket. As an intervenor, you can:

• Receive all filings and notices.

• Submit comments, testimony, and evidence.

• Cross-examine witnesses at hearings.

2. Requirements for intervention:

• In Texas, the PUC generally requires that an intervenor show a “justiciable

interest” in the proceeding. This means you are affected in some real way

by the proposed project, either directly (e.g., property owner near a

transmission line) or through economic, environmental, or legal impacts

(non-landowners).

• Sometimes, organizations or advocacy groups can intervene on behalf of

broader public interests, even if they are not directly “affected” like a

landowner would be. They still need to show that their participation will help

the PUC make an informed decision.

3. Filing to intervene:

• You file a petition to intervene with the docket number of the transmission

case.

• You must explain your interest or stake in the case.

• The PUC may grant or deny your request, sometimes requiring a more

detailed justification if your interest is more general than direct (like a

landowner).

Key point: You don’t always have to live next to a line or own affected land, but you do need

a legitimate interest recognized by the PUC. “General public curiosity” is usually not

enough.

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Here’s a clear step-by-step strategy for securing intervenor status in a Texas

transmission case with the PUC, even if you aren’t a direct landowner:

1. Understand the Docket

• Find the case: Identify the specific transmission case on the PUC’s eDocket

system.

• Read filings: Review the application, environmental reports, route maps, and any

filed testimony.

• Identify impact points: Look for areas where the project could affect ratepayers,

the environment, public safety, or other interests you represent.

2. Define Your Interest

• PUC requires a “justiciable interest” - something concrete showing you’re affected

or have a stake.

• Examples for non-landowners:

  • Environmental groups: Potential impact on sensitive habitats, wildlife, or

  watersheds.

  • Consumer advocates: Transmission costs will raise rates.

  • Community organizations: Noise, visual impact, interference with local

infrastructure such as parks, schools, historical sights, etc. .

• Be specific and factual—cite locations, projected line paths, and any studies.

3. Draft Your Petition to Intervene

• Include:

1. PUC Docket number and case name

2. Your identity (individual or organization)

3. Your interest in the case (why PUC should let you intervene)

4. Statement of intent (e.g., you want to submit testimony, cross-examine

witnesses, or participate in settlement discussions)

• Attach supporting evidence if possible (maps, reports, photos, data).

4. File on Time

• Check the PUC’s deadline for intervention, usually listed in the notice or in the

application filing.

• File through PUC Interchange Filer (see link here) or by mail, following the exact

procedural rules. https://interchange.puc.texas.gov/filer

5. Prepare for Possible Challenges

• Transmission companies sometimes object if your interest seems “too general.”

• If challenged, be ready to:

  • Show concrete, specific potential impacts.

  • Cite PUC rules allowing public or organizational intervention for matters

beyond direct property ownership.

6. Engage Strategically

• Once granted intervenor status:

  • Attend hearings or provide written comments.

  • Submit expert testimony or data supporting your position.

  • Participate in settlement discussions if applicable.

Tips for Success:

• Use maps and technical data to make your interest tangible.

• Frame your argument in terms of PUC’s statutory duties which are reliability,

cost, environmental protection, and public interest.

• Align your participation with specific PUC criteria; don’t rely on general opposition.

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Here’s a model Petition to Intervene tailored for a non-landowner individual or

organization in a Texas transmission case. You can adapt the specifics (names, docket

number, organization) to your situation:

BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS

• Docket No.: [Insert Docket Number]

• Style of case: Application of [insert Transmission Company Name] for a Certificate of

Convenience and Necessity (CCN) for a Transmission Line

PETITION TO INTERVENE OF [YOUR NAME OR ORGANIZATION]

TO THE HONORABLE PUBLIC UTILITY COMMISSION OF TEXAS:

1. Identity of Intervenor

[Your Name / Organization Name] (“Petitioner”) respectfully requests leave to intervene in

the above-captioned proceeding.

2. Petitioner’s principal address: [Address]

3. Contact Info: [Phone, Email]

4. Justiciable Interest:

Petitioner has a justiciable interest in this proceeding because the proposed transmission

project may directly or indirectly impact [describe your interest, e.g., local environment,

public safety, electricity rates, or community resources, etc.]. Specifically:

• [Example: The proposed route passes near sensitive environmental areas, including

[name specific areas, rivers, or wildlife habitats].]

• [Example: The project has potential economic impacts on residential and

commercial electricity rates in [county/region].]

• [Example: Petitioner’s mission includes advocating for sustainable and cost effective energy development in Texas.]

Petitioners’ participation will assist the Commission in fully considering the public interest,

environmental concerns, and cost implications associated with this project.

5. Relief Sought:

Petitioner requests the Commission to grant leave to intervene and:

• Receive all notices and filings in this proceeding.

• Participate in hearings, submit evidence and testimony, and cross-examine

witnesses as appropriate.

• Participate in settlement discussions or other proceedings related to this case.

6. Conclusion and Closing Salutation:

For the foregoing reasons, Petitioner respectfully requests that the Commission grant this

Petition to Intervene and recognize Petitioner as a full party to the proceeding.

Respectfully submitted,

[Signature]

[Name of Petitioner / Representative]

[Title, if representing an organization]

[Address]

[Phone / Email]

7. Date: [Insert Date]

Tips for Customization:

1. Be specific about locations, maps, or populations affected.

2. Include supporting evidence (attachments, studies, photos) if possible.

3. Ensure you file before the intervention deadline on the PUC eDocket system.

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Here’s a stronger, public-interest/environment-focused version of the Petition to

Intervene, designed for a non-landowner group or individual advocating environmental or

community concerns in a Texas transmission case:

BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS

Docket No.: [Insert Docket Number]

Style of Case: Application of [Transmission Company Name] for a Certificate of

Convenience and Necessity (CCN) for a Transmission Line

PETITION TO INTERVENE OF [YOUR NAME OR ORGANIZATION]

TO THE HONORABLE PUBLIC UTILITY COMMISSION OF TEXAS:

• 1. Intervenor Name: [Your Name / Organization Name] (“Petitioner”) respectfully

petitions to intervene in this proceeding.

• 2. Petitioner’s Mailing Address:

• 3. Petitioners Contact Info: Phone and Email.

• 4. Justiciable Interest

Petitioner has a direct and substantial interest in this proceeding due to the potential

impacts of the proposed transmission project on environmental resources, public welfare,

and community well-being. Specifically:

• Environmental Concerns: The proposed transmission route may traverse or impact

sensitive ecosystems, including [insert rivers, wetlands, wildlife habitats, or other

environmental features]. Petitioner is actively involved in protecting these resources

and promoting sustainable energy development practices.

• Community and Public Interest: The project may affect local communities through

visual impacts, potential safety concerns, and implications for regional energy

costs. Petitioner represents the interests of [community residents / local

stakeholders / ratepayers] and seeks to ensure that the Commission considers the

broader public interest.

• Expertise and Advocacy: Petitioner possesses expertise in environmental and

energy policy, and participation in this case will provide the Commission with

valuable information to fully evaluate alternative routes, environmental mitigation

measures, and cost-effective solutions.

Petitioners’ participation will assist the Commission in making an informed decision

consistent with its statutory mandate to protect the public interest, ensure reliable service,

and minimize adverse environmental impacts.

5. Relief Sought

Petitioner respectfully requests that the Commission:

• 1. Grant this Petition to Intervene;

• 2. Recognize Petitioner as a party with full rights to participate in the proceeding; and

• 3. Allow Petitioner to:

  • Receive all filings and notices;

  • Submit testimony, evidence, and recommendations;

  • Cross-examine witnesses; and

  • Participate in settlement discussions and other procedural matters.

6. Conclusion and Closing Salutation:

For the foregoing reasons, Petitioner respectfully requests that the Commission grant this

Petition to Intervene and recognize Petitioner as a full participant in this proceeding.

Respectfully submitted,

[Signature]

[Name of Petitioner / Representative]

[Title, if representing an organization]

[Address]

[Phone / Email]

7. Date: [Insert Date]

Here’s a model “Justification Appendix” you can attach to the petition. This strengthens

your argument by citing specific environmental and public-interest concerns without

requiring you to own property near the line:

JUSTIFICATION FOR INTERVENTION

Petitioner provides the following supporting information to demonstrate a justiciable interest and the relevance of participation in this docket:

1. Environmental Impacts

• The proposed transmission line route, as filed by [Transmission Company

Name], crosses or is adjacent to environmentally sensitive areas including:

- [Name of river, wetland, or watershed]

 - [Name of wildlife habitat or conservation area]

 - [Other sensitive environmental features]

• Peer-reviewed studies and state environmental assessments indicate that

transmission corridors through these areas can affect water quality, wildlife

migration, and vegetation. Petitioners seeks to provide additional expertise

and evidence to ensure mitigation measures are fully considered.

2. Community and Public Interest Impacts

• Transmission infrastructure may have visual, noise, or safety impacts on

nearby communities, even when not directly on private property.

• Projected costs for this transmission line may affect regional electricity rates,

influencing residential and commercial ratepayers. Petitioners represent the

interests of these stakeholders and can provide analysis relevant to public

cost and benefit.

3. Expertise and Advocacy

• Petitioners have experience in [environmental law, energy policy, land

conservation, or related fields] and can provide technical analysis, research,

and policy input to assist the Commission.

• Participation will ensure that the Commission has access to comprehensive

information regarding alternative routes, mitigation strategies, and public interest considerations.

4. Precedent for Intervention

• The PUC has historically granted intervenor status to parties with

organizational or public-interest representation, even when they do not own

land directly affected by the project, provided they demonstrate a justiciable

interest in environmental protection, public welfare, or consumer advocacy.

5. Conclusion

Petitioner’s participation will provide relevant expertise, highlight public and

environmental interests, and contribute to a fully informed decision by the

Commission. Therefore, Petitioner respectfully requests that the Commission grant

intervention status in this proceeding.