Pursuant to Rules 209, 210, and 214 of the Commission’s Rules of Practice and Procedure, 18 C.F.R. §§ 385.209, 385.210, and 385.214, the Interstate Natural Gas Association of America (“INGAA”) moves to intervene in this proceeding. Although the Commission did not provide for intervention in this investigation proceeding instituted pursuant to Rule 209, the Commission’s “Order to Show Cause and Notice of Proposed Penalties,” 120 FERC ¶ 61,086 (2007) (“Show Cause Order”), and the “Expedited Request for Rehearing and Request for Stay” (“Rehearing Request”) filed by Energy Transfer Partners, L.P., et al. (“ETP”) in response to the Show Cause Order, present a legal issue of first impression that warrants the Commission’s consideration of the interstate pipeline industry’s views. The issue concerns the availability of de novo review in the federal district courts of the Commission’s civil penalty orders under new section 22 of the Natural Gas Act (“NGA”), 15 U.S.C. § 717t-1. It is INGAA’s position that, properly read, the NGA requires that after the Commission exercises its authority to assess a civil penalty under section 22 for an alleged NGA violation, section 24 guarantees the person de novo review of the penalty assessment in federal district court. As discussed below, INGAA’s interstate natural gas pipeline members have a direct interest, and seek intervention to address only that issue. INGAA takes no position on other legal issues presented, or on any issues of fact covered by the Show Cause Order.
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