C09-0234Decision No. C09-0234
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
09R-0158EGDOCKET NO. 09R-0158EG
IN THE MATTER OF THE EMERGENCY ELECTRIC AND GAS RULES IMPLEMENTING PROCEDURES FOR APPLICATIONS STEMMING FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:	March 5, 2009
Adopted Date:	March 4, 2009
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing procedures for applications stemming from the American Recovery and Reinvestment Act of 2009 (ARRA).
2.	The ARRA was signed into law on February 17, 2009.  This significant piece of federal legislation addressing numerous topics intending to stimulate the American economy.  Within the legislation are important provisions that may permit public utilities to receive federal funding for various programs and projects.  Certain of these provisions may require the utility to submit a grant request within 30 days of the publishing of grant criteria by the U.S. Department of Energy.
3.	Because the Commission’s current rules of procedure do not set forth a default process or application description sufficient to meet the requirements of the ARRA, 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 Attachments A and B.
4.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
5.	We find that adoption of the emergency rules is imperative and necessary to implement the requirements of the ARRA.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
6.	The rules attached to this order shall become effective on the mailed date of this Decision, 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 rules appended to this Decision as Attachments A and B are hereby adopted as emergency rules consistent with the above discussion.
2.	The attached rules shall be effective on the mailed date of this Decision.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ DELIBERATIONS MEETING
March 4, 2009.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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	Commissioners