COLORADO DEPARTMENT OF REGULATORY AGENCIES
Public Utilities Commission
4 Code of Colorado Regulations (CCR) 723-1
PART 1
RULES OF PRACTICE AND PROCEDURE

BASIS, PURPOSE, AND STATUTORY AUTHORITY.
The basis and purpose of these rules is to advise the public, regulated entities, attorneys, and any other person of the Commission's rules of practice and procedure.  These rules of practice and procedure are promulgated in order to properly administer and enforce the provisions of Title 40 of the Colorado Revised Statutes and in order to regulate proceedings before the Commission.
The statutory authority for these rules is found in §§ 40-2-108, 40-6-101(1), 40-6-108(2), 40-6-109(5), 40‑6-109.5, and 40-6-114(1), C.R.S.
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[signifies omission of unaffected rule sections]
1004.	Definitions.
The following definitions apply to all Commission rules, except where a specific rule or statute provides otherwise:
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(ee)	"Transportation carrier" means a motor vehicle carrier as defined in § 40-10-101(4), C.R.S., a contract carrier as defined in § 40-11-101(3), C.R.S., an interstate carrier as defined in §§ 40‑10‑120 and 40-11-115, C.R.S., a towing carrier as defined in § 40-13-101(3), C.R.S., a mover as defined in § 40-14-102(9), or a motor vehicle carrier exempt from regulation as a utility as defined in § 40-16-101(4), C.R.S., when subject to regulation.
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1007.	Commission Staff.
(a)	When Commission staff enters an appearance in any docketed proceeding other than an administrative docket, rulemaking, or interpretive rulemaking, Commission staff's entry of appearance shall specify those Commission staff members assigned by the Director or the Director’s designee to serve as trial advocacy and advisory staff.
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1205.	Service.
(a)	A person filing any pleading or other document, shall also serve a copy, including all supporting attachments or exhibits, upon every other party and amicus curiae in the proceeding, except that the Director shall serve a complaint as provided in rule 1302(g).  Such service shall include service upon the Commission's assigned trial advocacy and advisory staff.  Except as provided in rule 1205 (b) and rule 1302(g), service shall be made by hand or through mailing on the same day the document is filed, unless a party expressly agrees by a signed waiver to accept service via fax or electronic mail.
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1206.	Notice – Generally.
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(f)	A utility other than a railroad or transportation utility filing an application for a tariff change on less than 30 days notice, which tariff change will potentially result in a rate increase, shall:
(I)	Within three days after filing the application, publish one notice of the application in at least one newspaper of general circulation, which notice shall be three columns wide and five inches high.
(II)	Ensure that newspaper notice contains:
(A)	the name and address of the utility;
(B)	a statement that the utility has filed with the Colorado Public Utilities Commission an application to change its tariffs on less than 30 days notice;
(C)	a statement explaining the classes or types of tariffs proposed to be changed, and explaining which customers will be affected by the proposed change;
(D)	the proposed tariff's effective date;
(E)	a statement of the purpose of the application, including an explanation of the changes proposed;
(F)	a statement that the application is available for inspection at each local office of the utility and at the Colorado Public Utilities Commission;
(G)	a statement that any person may file with the Commission a written objection to the application, or an intervention to participate as a party, and an explanation that a mere objection without an intervention shall not be adequate to permit participation as a party;
(H)	a statement that any person filing a written objection or an intervention must file the objection or intervention at least one day prior to Commission action on the application; and
(I)	that any person may attend the hearing, if any, and may make a statement under oath about the proposed tariff, even if such person has not filed a written objection or intervention.
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1302.	Formal Complaints.
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(e)	In accelerated formal complaint proceedings, in addition to the provisions of this rule, parties shall comply with the following rules, if applicable:  1205(b); 1308(b); 1308(c); 1400; 1405(c); and 1409(b).
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1303.	Applications.
(a)	An application may be made as follows:
(I)	Telecommunications matters, as provided in rule 2002.
(II)	Electric matters, as provided in rule 3002.
(III)	Gas matters, as provided in rule 4002.
(IV)	Water matters, as provided in rule 5002.
(V)	Transportation carrier matters, as provided in rule 6002.
(VI)	Rail matters, as provided in rule 7002.
(VII)	Steam matters, as provided in rule 8002.
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1304.	Petitions.
A petition may be made as follows:
(a)	Telecommunications matters, as provided in rule 2003.
(b)	Electric matters, as provided in rule 3003.
(c)	Gas matters, as provided in rule 4003.
(d)	Water matters, as provided in rule 5003.
(e)	Transportation carrier matters, as provided in rule 6003.
(f)	Rail matters, as provided in rule 7003.
(g)	Petition for rulemaking, as provided in rule 1306.
(h)	Petition seeking a waiver or variance of any rule, as provided in rule 1003.
(i)	Petition seeking a declaratory order.
(I)	A person may file a petition for a declaratory order either in an original or a pending proceeding.
(II)	The Commission may issue a declaratory order to terminate a controversy or to remove an uncertainty affecting a petitioner with regard to any tariff, statutory provision, or Commission rule, regulation, or order.
(III)	At its discretion, the Commission may grant, deny, or dismiss any petition seeking a declaratory order.
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1405.	Discovery and Disclosure of Prefiled Testimony.
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(d)	In application proceedings set for hearing, unless the Commission orders otherwise, a party shall file and serve its testimony and exhibits as follows:
(I)	If the applicant files its testimony and exhibits with its application, then an intervenor shall file its testimony and exhibits within 90 days of the filing of the application.
(II)	If the applicant does not file its testimony and exhibits with its application, then:
(A)	the applicant shall file its testimony and exhibits within 60 days after filing the application, and 
(B)	an intervenor shall file its testimony and exhibits within 45 days of the filing of the applicant’s testimony and exhibits.
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