|
|
Code of Colorado Regulations eDocket
Details of Tracking Number
2024-00118
CCR details
| Tracking Number |
2024-00118 |
| 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 found, generally, at
§ 40-1-103.5, C.R.S. (authorizing the Commission to promulgate implementing rules) and § 40-2-108, C.R.S. (authorizing the Commission to promulgate rules necessary to administer and enforce Title 40) and, specifically, in SB 23-291, as codified at §§ 40-3-102.5 and 40-3-114, C.R.S., and § 24-4-103(6), C.R.S. |
| Purpose/Objective of Rule |
This matter comes before the Commission for immediate adoption of temporary rules in order to continue certain amendments to the Commission’s Rules Regulating Electric Utilities (Electric Rules), 4 Code of Colorado Regulations (CCR) 723-3, and Rules Regulating Gas Utilities (Gas Rules), 4 CCR 723-4, that the Commission originally adopted by Decision No. C23 0538, issued August 14, 2023, in Proceeding No. 23R-0408EG. The statutory provisions requiring these temporary rules were enacted in Senate Bill (SB) 23-291, which became effective on August 7, 2023. The temporary rules implement the new provisions in § 40-3-102.5(1)(b), C.R.S., that require the filing of certain information with a utility’s base rate tariff filing made to the Commission. 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.
Due to the press of business and the complexity of the issues presented, the Commission will not have permanent rules in effect prior to the expiry on March 11, 2024, of the temporary rules it previously adopted; therefore, we find it is imperatively necessary to re-issue temporary rules in order to comply with state law and to provide for the health, safety, and welfare of the public. As a result, the Commission adopts, for immediate effect, the temporary rules shown in the Attachments to this Decision in accordance with the provisions of § 24-4-103(6), C.R.S. These re-issued temporary rules are substantially the same as those previously adopted by the Commission through Decision No. C23-0538. |
| Basis And Purpose |
BasisAndPurposeAttachment2024-00118.pdf
|
| Comments |
As discussed below, the temporary rules are adopted without compliance with the rulemaking procedures prescribed in § 24-4-103, C.R.S., in order to provide necessary continuity in the process by which electric and gas utilities change their rates for providing service to their Colorado customers. The annual reporting provisions in these temporary rules are likewise necessary because the statute requires the utilities to file reports on certain costs prohibited from their rates pursuant to a directive from the Commission. These temporary rules are effective for 210 days from the effective date of this Decision, March 6, 2024, or until the Commission’s permanent rules implementing SB 23-291 are effective, whichever period is less. See § 40-2-108(2), C.R.S. |
| 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
|
| |
| |
| |
|  |