[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Page 23911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11041]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI18-3-000]


Notice Denying Late Intervention; Renewable Energy Aggregators 
Inc.

    On March 29, 2018, the Commission issued public notice of Merchant 
Hydro Developers LLC's \1\ Declaration of Intention concerning the 
proposed Vandling Drift Reclamation Pump Storage Project, to be located 
near the City of Vandling in Wayne County, Pennsylvania. The notice 
established April 30, 2018, as the deadline to file motions to 
intervene.\2\ On May 14, 2018, the Delaware Riverkeeper Network 
(Delaware Riverkeeper) filed an out-of-time motion to intervene.
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    \1\ On May 10, 2018, Merchant Hydro Developers, LLC notified the 
Commission that it had changed its name to Renewable Energy 
Aggregators Inc.
    \2\ The Commission's Rules of Practice and Procedure provide 
that, if a filing deadline falls on a Saturday, Sunday, holiday, or 
other day when the Commission is not open for business, the filing 
deadline does not end until the close of business on the next 
business day. 18 CFR 385.2007(a)(2) (2017). The filing deadline was 
30 days from issuance of the notice (i.e., April 28, 2018), which 
fell on a Saturday, thus the filing deadline was the close of 
business on Monday, April 30, 2018.
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    In determining whether to grant a late motion to intervene, the 
Commission may consider such factors as whether the movant had good 
cause for filing late; whether the movant's interest is adequately 
represented by other parties to the proceeding; and whether granting 
the intervention might result in disruption to the proceeding or 
prejudice to other parties.\3\ Movants for late intervention must, 
among other things, demonstrate good cause why the time limit should be 
waived.\4\
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    \3\ Id. 385.214(d).
    \4\ Id. 385.214(b)(3).
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    Here, Delaware Riverkeeper failed to demonstrate that good cause 
exists to grant its motion to intervene out of time. In its motion, 
Delaware Riverkeeper provides no explanation as to why it was unable to 
intervene in a timely manner or why good cause exists to waive the time 
limit. Therefore, Delaware Riverkeeper's motion to intervene is denied.
    This notice constitutes final agency action. Requests for rehearing 
of this notice must be filed within 30 days of the date of issuance of 
this notice, pursuant to section 313(a) of the Federal Power Act, 16 
U.S.C. 825l(a) (2012), and Rule 713 of the Commission's Rules of 
Practice and Procedure, 18 CFR 385.713 (2017).

    Dated: May 16, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-11041 Filed 5-22-18; 8:45 am]
 BILLING CODE 6717-01-P


