(b) Any person that believes its interests may be affected by precedents established by adjudication of complaints under this rule may submit a brief to BSEE. The brief must be served following the procedure set out in § 291.107. After considering the brief, it is within BSEE's discretion as to whether BSEE may:

1. (1) Address the brief in its decision;
2. (2) Not address the brief in its decision; or
3. (3) Include the submitter of the brief in the proceeding as a party.