1. (a) This section applies to dockets pertaining to:

   1. (1) CECPN applications (23 CAR § 462-606);
   2. (2) CCN applications by an electric utility for new construction (23 CAR § 462-607); and
   3. (3) CCN applications by a natural gas utility for new construction (23 CAR § 462-608).
2. (b) Petitions for leave to intervene must be filed within thirty (30) days after the date given in the notice as the date of filing the application.
3. (c) Any person may make a limited appearance by filing a verified statement of position within thirty (30) days after the date given in the notice as the date of filing the application.
4. (d) For good cause shown, the Arkansas Public Service Commission may grant a petition for leave to intervene or to make a limited appearance after the deadlines set in subsections (b) and (c) of this section.

5. (e)

   1. (1) The Arkansas Public Service Commission must find that:

      1. (A) The potential intervenor's interests are not otherwise adequately represented by another party; and
      2. (B) Participation will not delay the proceedings.
   2. (2) 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.

   3. (3) The filing of a petition to intervene after these deadlines and after any deadline for filing, discovery, etc. shall constitute:

      1. (A) A waiver of any right or opportunity to submit such filing, discovery, etc.; and
      2. (B) Acceptance of any established procedural schedule.

Codification Notes: This section was promulgated as Rule 6.04 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.