C09-0054Decision No. C09-0054
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
09R-027ALLDOCKET NO. 09R-027ALL
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING EX PARTE DISCLOSURE REQUIREMENTS.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:	January 21, 2009
Adopted Date:	January 14, 2009
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules to continue the ex parte disclosure requirements under House Bill 08-1227 and originally adopted by Decision No. C08-0622 in Docket No. 08R-243ALL.
2.	House Bill 08-1227 (the Bill) amended, inter alia, §§ 40-6-122 and 40-6.5-106, C.R.S.  These statutory sections generally pertain to ex parte communications with the Commission.  The Bill amended the statutory sections by limiting certain provisions to adjudicatory proceedings.  By Decision No. C08-0622, we amended our then current rules because they conflicted with the amendments in the Bill.  The emergency rules became effective on July 1, 2008 and will expire on January 27, 2009.
3.	By Decision No. C08-1108, we issued a Notice of Proposed Rulemaking to codify the ex parte rules on a permanent basis.  The Administrative Law Judge assigned to that matter issued Decision No. R08-1297 on December 19, 2008.  Those permanent rules will not be effective until, at the earliest, March 1, 2009.  Therefore, we find it necessary to re-issue emergency rules to ensure consistency in our rules. 
4.	We now adopt on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the emergency rules appended to this Decision as Attachment A.  We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
5.	We find that adoption of the emergency rules is imperative and necessary to avoid a gap in our rules.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
6.	The rules attached to this order shall be effective on the mailed date of this decision, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.
2.	The attached rules shall be effective on the mailed date of this Decision.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
January 14, 2009.

(S E A L)

ATTEST: A TRUE COPY

Doug Dean, 
Director		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

RONALD J. BINZ
________________________________

JAMES K. TARPEY
________________________________

MATT BAKER
________________________________
	Commissioners
	
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