C06-1060Decision No. C06-1060
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
06R-488ALLDOCKET NO. 06R-488ALL
In the matter of the proposed rules of practice and procedure, 4 code of colorado regulations 723-1.
notice of proposed rulemaking
Mailed Date:     September 13, 2006
Adopted Date:  September 6, 2006
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding the Commission’s Rules of Practice and Procedure, 4 Code of Colorado Regulations (CCR) 723-1.
2.	The Commission repealed and reenacted its entire body of rules on April 1, 2006.  Due to the complexity of such an undertaking, the need for additional improvements to these rules is necessary.
3.	The basis and purpose of the proposed amendments is to properly administer and enforce the provisions of Title 40 of the Colorado Revised Statutes and in order to regulate proceedings before the Commission.  More specifically, the basis and purpose of the proposed amendments is to codify and clarify Commission practices with regard to confidential filings and prohibited communications, require that certain information be included in the titles of petitions and applications, modify provisions relating to notice requirements, centralize various tariff and advice letter rules, clarify formal complaint rules, add procedures for receiving updated information from regulated entities, clarify the permissive intervention standard, refine discovery restrictions, include inadvertently eliminated subpoena procedures, make current emergency rules permanent, and correct various typographical errors.
4.	The statutory authority for the proposed 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.
5.	The proposed amendments will be published in the October 10, 2006, edition of The Colorado Register.  Additionally, interested persons may acquire a copy of the proposed amendments, either in hard-copy or electronic form, from the Commission’s Records Management Unit.  The Records Management Unit may be contacted by phone or email at 303.894.2040 or Cheryl.Fisher@dora.state.co.us, respectively.  The proposed amendments will also be available from the Commission’s website:
	www.dora.state.co.us/puc/rulemaking/RulemakingNotices.htm
6.	The proposed amendments are shown in legislative format.  However, interested persons are cautioned that the existing emergency rules adopted in Docket No. 06R-164ALL, which the Commission now desires to make permanent, are not shown in legislative format.  Interested persons are therefore encouraged to determine the impact of the emergency rules adopted in Docket No. 06R-164ALL and to provide comment as necessary regarding making these rules permanent.
7.	Considering the limited scope of the instant NOPR and the Commission’s desire to refine the product of the preceding rulemakings, the Commission requests that interested persons limit their comments to the proposed amendments only.  The instant rulemaking should not be construed as an opportunity to reopen contentious issues that have already been resolved in preceding rulemakings.
8.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed amendments and related issues at the below-stated time and place.  Interested persons may submit written comments on the proposed amendments, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than October 23, 2006.  Reply comments should be submitted by November 2, 2006.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions, whether oral or written.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the October 10, 2006, edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge as follows:
	DATE:	November 6, 2006
	TIME:	9:00 AM
	PLACE:	Commission Hearing Room
	Office Level 2 (OL2)
	Logan Tower
	1580 Logan Street
	Denver, Colorado
3.	The ALJ may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted in both paper and, when possible, electronic format no later than October 23, 2006.  Reply comments should be submitted by November 2, 2006.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
September 6, 2006.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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