To the Editor:

The article on the Williams Transco Pipeline Project [“Town Releases Documents On Transco Pipeline Project,” Town Topics, May 1, page 1] contains a couple of inaccuracies about the intervention process before the Federal Energy Regulatory Commission. First, although the pre-filing process is an extremely important phase during which the public can and should participate actively in commenting on the Transco project, FERC procedures do not allow intervention at the pre-filing stage. Parties can only intervene after Williams files its application for a certificate of public necessity and convenience with FERC.

Second, intervention before FERC is not like intervening in a court case. It does not require filing a complaint and it does not commit anyone to participating in litigation. A party should move to intervene as soon as possible after the application is filed if it might eventually want to challenge FERC’s order in court. Only intervenors have the right to request rehearing of a FERC order granting a certificate; the rehearing process is a prerequisite to a lawsuit in federal court to challenge that order. However, concerned citizens can always comment on applications without moving to intervene.

For more information on the FERC intervention process see www.ferc.gov/help/how-to/intervene.asp.

Jane P. Davenport McClintock

Senior Attorney, Delaware Riverkeeper Network