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Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2015-00253

CCR details

Tracking Number 2015-00253
Type of Filing Permanent Rule
Department 700 Department of Regulatory Agencies
Agency 723 Public Utilities Commission
CCR Number 4 CCR 723-3

Proposed rule

Notice Filed with SOS 05/15/2015
Rule ProposedRuleAttach2015-00253.doc
Additional Information AddInfoAttach2015-00253.pdf
Statutory Authority Sections 24-4-101, et seq., 24-4-103, 40-1-101, et seq., 40-2-108, 40-3-102, 40-3-103, 40-4-101, and 40-4-108, C.R.S.
Description of Subjects/Issues HB13-1292 modifies § 40-2-129, C.R.S., by specifying that, when evaluating utility requests for a Certificate of Public Convenience and Necessity (CPCN) for the construction or expansion of generating facilities, “including pollution control and fuel conversion projects of existing coal-fired plants,” the Commission shall consider, on a qualitative basis, factors that affect employment and the long-term economic viability of Colorado communities.
Purpose/Objective of Rule The primary purpose of this rulemaking is to implement § 40-2-129, C.R.S, as amended, in the context of applications for CPCNs for the expansion or construction of electric generating facilities of all types; and to examine whether § 40-2-129, C.R.S., requires modifications to Rule [4 CCR 723-3-3205(b)(II)], which exempts pollution control projects from CPCN obligations because they are deemed to be completed in an electric utility’s ordinary course of business.
Basis And Purpose BasisandPurposeAttachment2015-00253.pdf
Comments The Commission granted exceptions to the recommended decision that adopted rules. No appeal was filed to the Commission grant after a 20-day appeal period, so the rules became final on February 23, 2016.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB 13-1292
Hearing Date 08/13/2015
Hearing Time 09:00 AM
Hearing Location Colorado Public Utilities Commission Hearing Room, 1560 Broadway, Suite 250, Denver, Colorado
Contact Name Becky Quintana
Contact Title Policy Advisory Section Chief
Contact Telephone 303-894-2881
Contact email Rebecca.Quintana@state.co.us

Adopted rule

Adopted Rules AdoptedRules02015-00253.DOC
Redline Redline2015-00253.pdf
Adopted Date 02/23/2016
AGO requested date 02/24/2016
Attorney General Opinion 03/11/2016
Colorado Register publication date 03/25/2016
Effective Date 04/14/2016
Inserted into CCR 04/11/2016