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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2021-00643


CCR details

Tracking Number 2021-00643
Type of Filing Permanent Rule
Department 700 Department of Regulatory Agencies
Agency 723 Public Utilities Commission
CCR Number 4 CCR 723-4
CCR Title RULES REGULATING GAS UTILITIES

Proposed rule

Notice Filed with SOS 10/01/2021
Rule ProposedRuleAttach2021-00643.doc
Additional Information AddInfoAttach2021-00643.pdf
Statutory Authority The statutory authority for the rules proposed here is found at: §§ 29-20-108, 40-1-103.5, 40-2-108, 40-3-102, 40-3-103, 40-3-104.3, 40-3-106, 40-3-111, 40-3-114, 40-3-101, 40-3.2-103, 40-3.2-106, 40-3.2-107, 40-3.2-108, 40-4-101, 40-4-106, 40-4-108, 40-4-109, 40-5-103, 40-7-117, 40-7-113.5, 40-7-116.5, and 40-8.7-105(5), C.R.S.
Description of Subjects/Issues The proposed amendments would add to as well as revise the existing provisions of the Commission’s Gas Rules. As relevant here, the Gas Rules apply to all jurisdictional gas utilities and to all Commission proceedings concerning such utilities. Through this rulemaking, the Commission intends to establish new rule regulatory requirements for gas utility planning, implement numerous statutory changes and additions adopted in the 2021 Colorado legislative session, and fulfill the express rulemaking requirements placed on the Commission. Among other purposes, this rulemaking is intended to satisfy the requirements of Senate Bill (SB) 21-264, enacted and effective on June 24, 2021, and codified as § 40-3.2-108, C.R.S. SB 21-264 requires Colorado gas utilities with more than 90,000 retail customers to develop comprehensive Clean Heat Plans (CHPs) designed to achieve greenhouse gas emissions reductions. This rulemaking is also intended to satisfy the requirements of House Bill (HB) 21-1238, enacted on June 24, 2021 and effective on September 6, 2021, codified in §§ 40-3.2-103, 40-3.2-106, and 40-3.2-107, C.R.S. HB 21-1238 primarily modifies the statutory provisions governing gas utility demand side management (DSM). As relevant here, § 40-3.2-108(5), C.R.S., requires the Commission to undertake a rulemaking by October 1, 2021, proposing to update its (DSM) rules consistent with the new CHP-oriented clean heat targets established in SB 21-264.
Purpose/Objective of Rule The proposed amendments would add to as well as revise the existing provisions of the Commission’s Gas Rules. As relevant here, the Gas Rules apply to all jurisdictional gas utilities and to all Commission proceedings concerning such utilities. Through this rulemaking, the Commission intends to establish new rule regulatory requirements for gas utility planning, implement numerous statutory changes and additions adopted in the 2021 Colorado legislative session, and fulfill the express rulemaking requirements placed on the Commission. Among other purposes, this rulemaking is intended to satisfy the requirements of Senate Bill (SB) 21-264, enacted and effective on June 24, 2021, and codified as § 40-3.2-108, C.R.S. SB 21-264 requires Colorado gas utilities with more than 90,000 retail customers to develop comprehensive Clean Heat Plans (CHPs) designed to achieve greenhouse gas emissions reductions. This rulemaking is also intended to satisfy the requirements of House Bill (HB) 21-1238, enacted on June 24, 2021 and effective on September 6, 2021, codified in §§ 40-3.2-103, 40-3.2-106, and 40-3.2-107, C.R.S. HB 21-1238 primarily modifies the statutory provisions governing gas utility demand side management (DSM). As relevant here, § 40-3.2-108(5), C.R.S., requires the Commission to undertake a rulemaking by October 1, 2021, proposing to update its (DSM) rules consistent with the new CHP-oriented clean heat targets established in SB 21-264.
Basis And Purpose BasisAndPurposeAttachment2021-00643.pdf
Comments On December 1, 2022, the Commission issued a decision adopting rules revisions. Applications for rehearing, reargument or reconsideration were filed on December 21, 2022, and on February 24, 2023, the Commission granted in part, and denied in part the applications. On March 15, 2023, an errata was issued making corrections to Attachments A and B. A 2nd round of applications for rehearing, reargument or reconsideration were due by March 16, 2023, and no applications were filed. The rules became final March 16, 2023.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number Senate Bill 21-264
Hearing Date 02/17/2022
Hearing Time 09:00 AM
Hearing Location 02/18/2022 is the second day of hearings. Commission Hearing Room A, 1560 Broadway, Suite 250, Denver, Colorado 80202
Contact Name Becky Quintana
Contact Title Deputy Director Commission Policy and Research Support
Contact Telephone 303-894-2881
Contact email rebecca.quintana@state.co.us

Adopted rule

Adopted Rules AdoptedRules02021-00643.doc
Redline Redline2021-00643.pdf
Adopted Date 03/16/2023
AGO requested date 03/17/2023
Attorney General Opinion 04/03/2023
Colorado Register publication date 04/25/2023
Effective Date 05/15/2023
Inserted into CCR 05/11/2023
  
  
  
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