C06-1073Decision No. C06-1073
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
06R-504TRDOCKET NO. 06R-504TR
In the matter of the proposed RUles REGULATING TRANSPORTATION BY MOTOR VEHICLE, 4 code of colorado regulations 723-6.
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 its Rules Regulating Transportation by Motor Vehicle, 4 Code of Colorado Regulations (CCR) 723-6.
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	The Commission repealed and reenacted its entire body of rules on April 1, 2006.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 amend emergency rules and make them permanent, make the rules related to transportation by motor vehicle consistent, to the extent possible, with other Commission rules, centralize common tariff and advice letter provisions in the Rules of Practice and Procedure and make conforming amendments to the substantive transportation rules, improve administration and enforcement of relevant provisions of Title 40 of the Colorado Revised Statutes, and improve the regulation of proceedings before the Commission.
4.	More specifically, the basis and purpose of the proposed rules is consistent with legislation that was enacted in 2005 and 2006.  Senate Bill 05-015 gave the Commission the ability to specify financial responsibility requirements for household goods movers and motor vehicle carriers exempt from regulation as public utilities. Senate Bill 05-029 gave the Commission rulemaking and registration revocation authority over motor vehicle carriers exempt from regulation as public utilities.  Senate Bill 06-094 gave the Commission additional rulemaking authority regarding the registration revocation of household goods movers and motor vehicle carriers exempt from regulation as public utilities.  House Bill 06-1016 provided for the issuance of a temporary registration to operate as a household goods mover.   
5.	The statutory authority for the proposed rules is found in §§ 40-2-108, 40-2-110.5(8), 40-2-116, 40-3-101(1), 40-3-102, 40-3-103, 40-3-110, 40-4-101, 40-5-105, 40-7-113(2), 40-10-105(1), 40-10-105(2)(c), 40-10-107, 40-10-110, 40-10-111, 40-10-120(4), 40-11-103(1), 40-11-105, 40-11-106, 40-11-109, 40-11-115(4), 40-13-104(1), 40-13-105, 40-13-107, 40-13-110(1), 40-14-103(2)(c), 40-14-104(1), 40-14-104(2), 40-14-106(1), 40-14-108(1), 40-14-110, 40-16-105, 40-16-103.6(1), 40-16-103.8, 40-16-104(1), 40-16-104(1.5), 40-16-105(1), 42-4-1809(2)(a), 42-4-2108(2)(a), and 42-20-202(1)(a), C.R.S.
6.	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
7.	The proposed amendments are shown in legislative format.  However, interested persons are cautioned that the existing emergency rules adopted in Docket No. 06R-165TR are not shown in legislative format (but amendments to the emergency rules are in legislative format).  In other words, legislative formatting applies to all existing rules, regardless of whether such rules are permanent or emergency rules.  Interested persons are therefore encouraged to determine the impact of the emergency rules adopted in Docket No. 06R-165TR and to provide comment as necessary regarding making these rules and associated amendments permanent.
8.	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.
9.	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 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 27, 2006.  Reply comments should be submitted by November 6, 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 website.  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 9, 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 27, 2006.  Reply comments should be submitted by November 6, 2006.
5.	This order is effective on 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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