C09-0319Decision No. C09-0319
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
09R-222GDOCKET NO. 09R-222G
In the matter of proposed amendments to the rules of the colorado public utilities commission relating to NATURAL GAS DEMAND SIDE MANAGEMENT, 4 CODE OF COLORADO REGULATIONS 723-4-4750, ET SEQ.
notice of proposed rulemaking
Mailed Date:	March 30, 2009
Adopted Date:	March 18, 2009
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding natural gas demand side management (DSM).  A copy of the proposed rules is attached to this NOPR.
2.	The attached proposed rules appear in legislative (strikeout/underline) format.  
3.	The basis and purpose of the proposed rulemaking is to set forth the definition of “discount rate” and to clarify the bonus structure set forth in the existing rules.  These proposed amendments will further enable the implementation of § 40-3.2-103, C.R.S., which statute was enacted in 2007.
4.	The statutory authority for the proposed rules is found in §§ 40-2-108 and 40-3.2-103, C.R.S.
5.	The proposed rulemaking will open for review the following amendments to the existing natural gas DSM rules, Rules 4750 through 4760:  
a)	The definition of “discount rate (Proposed Rule 4751(e));” 
b)	A clarification regarding the bonus structure and the impact of DSM upon utility revenue (Proposed Rule 4754(g)(I)); and
c)	Introduction of a 'Bonus Factor' to accommodate the change in the calculated Net Economic Benefits caused by the adoption of a lower discount rate.  The Bonus Factor will also provide flexibility over time in adjusting the maximum bonus amount to reflect the objectives of the bonus.
6.	The Commission en banc will conduct a hearing on the proposed rules and related issues at the below-stated time and place.  Interested persons may submit written comments on the rules, including data, views, or arguments, and present these orally at hearing unless the Commission deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  If interested persons wish to file comments concerning the draft proposed rule revisions before the hearing, the Commission requests that such comments be filed no later than May 8, 2009.  Interested persons submitting comments should do so both in paper and, when possible, electronic format.  The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions, whether oral or written.
7.	In submitting comments, interested persons are invited to suggest changes that will make the subject rules more efficient, rational, or meaningful.  We recognize that regulation imposes costs; therefore, suggestions that any rule may be unnecessary or unduly burdensome will be fully considered by the Commission.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the April 2009 edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before the Commission en banc as follows:
	DATE:	May 22, 2009
	TIME:	9:00 am
	PLACE:	Commission Hearing Room
	Suite 250
	1560 Broadway
	Denver, Colorado
3.	The Commission may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the Commission deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted in both paper and, when possible, electronic format no later than May 8, 2009.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
March 18, 2009.

THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________
	Commissioners
	
	COMMISSIONER JAMES K. TARPEY
ABSENT.
	
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