1. (a) Petitions to intervene.

   1. (1) Any person whose interest may be directly affected by Arkansas Public Service Commission action and whose interest is not adequately represented by other parties may petition the Arkansas Public Service Commission for leave to intervene as a party in any docket.

   2. (2) Contents of petition to intervene. Every petition to intervene shall be in writing and contain:

      1. (A) A clear and concise statement of the nature of the right or interest of the petitioner in the proceeding that:

2. (i) Entitles it to participate; and

   1. (ii) Will be directly affected by the Arkansas Public Service Commission’s action;

      1. (B) A demonstration that the petitioner’s interests are not adequately represented by any other party to the proceeding;
      2. (C) The specific objections, if any, of the petitioner to the applicant's proposal or proposals;
      3. (D) The grounds and issues of fact and law upon which petitioner wishes to be heard; and
      4. (E) Any other reasonable information that may be required by rule or order.

   2. (3) Deadlines generally.

      1. (A) Except as provided in 23 CAR § 462-604 (CCNs and CECPNs) and 23 CAR § 462-704 (tariff filings) and unless otherwise specified in a procedural schedule issued before a petition for intervention is filed, the deadline to file a petition to intervene in all dockets shall be no later than sixty (60) days from the filing of the formal application requesting the ultimate relief sought by the applicant.

      2. (B)

         1. (i) The time when such petition is filed shall not extend any time limit set by procedural schedule, rule, or law applicable to an intervenor in a docket.
         2. (ii) The filing of a petition to intervene after these deadlines and after any deadline for filing, discovery, etc. shall constitute a waiver of any right or opportunity to submit such filing, discovery, etc. and shall constitute acceptance of any established procedural schedule.
      3. (C) Any intervention deadline set by this part does not prevent or delay the Arkansas Public Service Commission from acting in a docket before such deadline has passed.
   3. (4) Time to respond. The time to respond to a petition to intervene shall be governed by 23 CAR § 462-310.

   4. (5) Arkansas Public Service Commission ruling on intervention.

      1. (A) The Arkansas Public Service Commission shall rule on the petition to intervene within twenty (20) days from the date the petition is filed.
      2. (B) If the Arkansas Public Service Commission does not rule within that time, the petition to intervene shall be deemed denied.

3. (b) Limited appearances.

   1. (1) Any person may make a limited appearance in a docket by filing and serving upon all parties a verified statement of position.

   2. (2)

      1. (A) No person making a limited appearance shall be a party or have the right to receive further notice or present oral testimony or argument or cross-examine witnesses, but is subject to being called for cross-examination at the hearing on the subject of such statement of position.

      2. (B) If such person is called and fails to appear for cross-examination, such statement of position may be stricken from the record:

         1. (i) Upon motion of any party; or
         2. (ii) By the Arkansas Public Service Commission sua sponte.
   3. (3) Deadlines generally. Except as provided in 23 CAR § 462-604 (CCNs and CECPNs), a limited appearance shall be filed at least twenty (20) days prior to the date set for the hearing, but not afterward except for good cause shown.

Codification Notes: This section was promulgated as Rule 4.02 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules. "CCN" means a certificate of public convenience and necessity. "CECPN" means a certificate of environmental compatibility and public need.