Section 200.200  Intervention

a)         Petitions to intervene shall contain:

1)         The name, address, telephone number, and, unless the petitioner has no facsimile number or e-mail address either directly or through its attorney, facsimile number and e-mail address of the petitioner seeking leave to intervene;

2)         A plain and concise statement of the nature of the petitioner's interest;

3)         A prayer for leave to intervene and be treated as a party to the proceeding;

4)         If affirmative relief is sought, specific prayers for that relief, which may be in the alternative;

5)         A statement as to whether the petitioner agrees to accept service by electronic means as provided for in Section 200.1050.  A petitioner later may agree, or may revoke its agreement, to accept electronic service, provided that the petitioner shall file and serve a notice of the later agreement or revocation.

b)         While a petition for leave to intervene is pending, the Hearing Examiner, in his or her discretion, may permit the petitioner to participate in the proceeding.

c)         Petitions to intervene shall be granted or denied by the Hearing Examiner, subject to Section 200.520.

d)         In order to promote efficiency, the Hearing Examiner may require parties to state whether they will be active  or not active in the proceeding.  If a party fails to respond in the manner designated by the Hearing Examiner within 14 days, the party shall be deemed to be a non-active party.  Active parties shall not be required to serve non-active parties with copies of testimony, data requests, pleadings and briefs.  However, non-active parties shall be entitled to receive notices and orders served by the Commission.  A party may change its designation at any time in the proceeding by filing a notice with the Chief Clerk and serving all parties.  If a non-active party has changed its status to active, upon receipt of the notice from the party, all other active parties shall serve that party with all subsequently filed testimony, pleadings and briefs.  A party's change in status shall not serve as the basis for delay or a modification of the procedural schedule in the case.

e)         Except for good cause shown, an intervenor shall accept the status of the record as the same exists at the time of the beginning of that person's intervention.  Subject to Section 200.850, any intervenor shall be allowed to comment in briefs and oral arguments on any matter addressed in the proceeding, whether before or after his intervention; and such intervenor shall be bound by rulings and orders theretofore entered.

(Source:  Amended at 24 Ill. Reg. 16019, effective October 15, 2000)