C07-0830Decision No. C07-0830
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
07R-371GDOCKET NO. 07R-371G
In the matter of the proposed rules regarding Natural Gas demand-side management, pursuant to House Bill 07-1037, enacted as §40-3.2-103.
NOTICE OF PROPOSED RULEMAKING
Mailed Date:   September 28, 2007
Adopted Date: September 19, 2007
I.	BY THE COMMISSION
A.	Statement
1.	The Commission hereby issues this Notice of Proposed Rulemaking (NOPR) regarding Natural Gas Demand Side Management (DSM) requirements for jurisdictional natural gas utilities.  A copy of the proposed rules is attached to this NOPR, consistent with the statutory directive in §40-3.2-103(1), requiring the Commission to commence a rule-making proceeding on or before September 30, 2007.
2.	On June 27, 2007, we issued Decision No C07-0562 opening Docket No. 07I‑251G to investigate issues associated with the Natural Gas DSM requirements contained in §40-3.2-103.  In this decision, the Commission established dates for: (1) an informal workshop, (2) stakeholder comments and proposed rules, and (3) stakeholder reply comments.  
3.	Commission Staff held an informal workshop on July 18, 2007.  Initial comments were filed by Ratepayers United of Colorado (RUC), Energy Outreach Colorado, Colorado Natural Gas, Inc., Atmos Energy Corporation, Southwest Energy Efficiency Project, Colorado Office of Consumer Counsel (OCC), SourceGas Distribution, LLC, (SourceGas), Public Service Company of Colorado (Public Service), Aquila Networks-PNG, and Energy Science Center.  RUC, OCC, Public Service, and SourceGas filed reply comments.  The Commission has prepared the attached proposed rules in part from input received from the various stakeholders.
4.	The basis and purpose of the proposed rules, as well as the statutory authority, is to implement the recent legislation in §40-3.2-103, which directs the Commission to implement rules to establish specific natural gas Demand Side Management requirements for jurisdictional natural gas utilities.
5.	Section 40-3.2-103 states that on or before September 30, 2007, the Commission is required to commence a rule-making proceeding to develop expenditure and natural gas savings targets, funding and cost-recovery mechanisms, and a financial bonus structure for demand-side management programs implemented by investor-owned gas distribution utilities.
6.	The Commission en banc will conduct a hearing on the proposed rules and related issues at the below-stated time and place.  Interested persons may submit written comments on the rules, including data, views, or arguments, and present these orally at a hearing unless the Commission deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  We request interested persons to file comments before the hearing no later than November 1, 2007.  Reply comments should be submitted by November 20, 2007.  The Commission prefers that interested persons submitting comments do so both in paper and electronic format.  The Commission may post electronically submitted comments in its website.  The Commission will consider all submissions, whether oral or written.
7.	In submitting comments or replies, interested persons are invited to suggest changes that will make the subject rules more efficient, rational, or meaningful.  We recognize that regulation imposes costs; therefore, suggestions concerning rules that may be unnecessary or unduly burdensome will be fully considered by the Commission.
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, 2007 edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before the Commission en banc as follows:
	DATE:	December 3, 2007
	TIME:	9:00 AM
	PLACE:	Commission Hearing Room
	Suite 250
	1560 Broadway
	Denver, Colorado
3.	The Commission 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 Commission 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 electronic format no later than November 1, 2007.  Reply comments should be submitted by November 20, 2007.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
September 19, 2007.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________

________________________________
Commissioners	
L:\final\C07-0830_07R-371G.doc:lp