C06-1179Decision No. C06-1179
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
06R-540RDOCKET NO. 06R-540R
IN THE MATTER OF EMERGENCY RULES RELATING TO THE RULES REGULATING SYSTEM SAFETY PROGRAM STANDARDS FOR RAIL FIXED GUIDEWAY SYSTEMS.
ORDER ADOPTING EMERGENCY RULES
Mailed Date:    October 11, 2006
Adopted Date:  October 11, 2006
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules entitled System Safety Program Standard for Rail Fixed Guideway Systems, 4  Code of Colorado Regulations (CCR) 723-7-7002(f), and 7340 through 7354 to replace previously adopted rules in Docket No. 06R-114R.  See Decision No. C06-0239.  For the reasons set forth in this Decision, 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 § 24-4-103(6), C.R.S.
2.	Generally, the purpose of the rules adopted by this order is to allow the rules to remain in effect during the pendancy of the permanent rulemaking in Docket No. 06R-189R.  No substantive changes were made from the previous version adopted by Decision No. C06-0239.
3.	The statutory authority for the proposed rules is found in §§ 40-2-108, 40-18-102, and 40-18-103, C.R.S.
4.	We adopt the attached rules as emergency rules in accordance with the provisions of § 24-4-103(6), C.R.S.  We find that immediate adoption of the rules is imperative and necessary to prevent a situation where no rules are in effect while the permanent rulemaking is proceeding.  Further, compliance with the rulemaking requirements associated with permanent rules, as set forth in § 24-4-103, C.R.S. would be contrary to the public interest.
5.	Therefore, emergency adoption of the attached rules is appropriate.  The statutory authority for adoption of these rules is set forth in §§ 24-4-103(6), 40-2-108, 40-4-101, and 40-15-306, C.R.S.  The rules attached to this order shall be effective on October 18, 2006, 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 emergency 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 October 18, 2006.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
October 11, 2006.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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