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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   2023-00531


CCR details

Tracking Number 2023-00531
Type of Filing Emergency
Department 700 Department of Regulatory Agencies
Agency 723 Public Utilities Commission
CCR Number 4 CCR 723-3
CCR Title RULES REGULATING ELECTRIC UTILITIES

Proposed rule

Rule
Additional Information
Statutory Authority The statutory authority for adoption of these rules is set forth in §§ 40-3-102.5(1)(b) and 40-3-102.5(2)(a), C.R.S., and SB 23-291.
Purpose/Objective of Rule By this Decision, the Commission adopts temporary rules to amend provisions in the Commission’s Rules Regulating Electric Utilities (Electric Rules), 4 Code of Colorado Regulations (CCR) 723-4 and provisions in the Commission’s Rules Regulating Gas Utilities (Gas Rules), 4 CCR 723-3. The temporary rules implement the provisions in § 40-3-102.5(1)(b), C.R.S requiring the filing of certain information with a utility’s base rate tariff filing. The temporary rules also implement § 40-3-102.5(2)(a), C.R.S., requiring the filing of rate trend reports when an electric or gas utility seeks to increase a rate or charge. The temporary rules further implement the annual reporting requirement related to costs prohibited from utility rates in § 40-3-114, C.R.S. The statutory provisions requiring these temporary rules were enacted by Senate Bill (SB) 23-291 effective August 7, 2023. 8. SB 23-291 became effective on August 7, 2023, the day following the expiration of the 90-day period after final adjournment of the Colorado General Assembly. Consequently, in order to avoid disruption of the continuity in the process by which electric and gas utilities change rates for the provision of service to their customers, it is imperative the Commission adopt temporary rules at this time to comply with state law, until permanent rules can be promulgated under the requirements of § 24-4-103, C.R.S.
Basis And Purpose BasisAndPurposeAttachment2023-00531.pdf
Comments We find on the record it is imperatively necessary to adopt these rules on a temporary basis in order to allow such utilities to continue to file for necessary changes in rates and comply with the requirements set forth in SB23-291 codified at § 40-3-102.5, C.R.S. We further find that without adoption of these temporary rules, electric and gas utilities may find it difficult to continue to operate effectively in the ordinary course of business, which would be contrary to the public interest. For these reasons, and as authorized by § 24-4-103(6)(a), C.R.S., the Commission finds immediate adoption of these temporary rules is imperatively necessary to comply with state law and to provide for the health, safety, and welfare of the public.
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 23-291
Contact Name Becky Quintana
Contact Title Deputy Director Commission Policy and Research Sup
Contact Telephone 303-894-2881
Contact email rebecca.quintana@state.co.us

Adopted rule

Adopted Rules AdoptedRules02023-00531.doc
Redline Redline2023-00531.pdf
Emergency Justification EmergencyJustificationPathAttach2023-00531.pdf
Adopted Date 08/14/2023
Emergency AGO requested date 08/15/2023
Attorney General Opinion 08/31/2023
Colorado Register publication date 09/25/2023
Effective Date 08/14/2023
Inserted into CCR 09/01/2023
  
  
  
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