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Code of Colorado Regulations eDocket
Details of Tracking Number
2024-00519
CCR details
| Tracking Number |
2024-00519 |
| Type of Filing |
Emergency |
| Department |
700 Department of Regulatory Agencies |
| Agency |
723 Public Utilities Commission |
| CCR Number |
4 CCR 723-4 |
| CCR Title |
RULES REGULATING GAS UTILITIES |
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Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
The statutory authority for adoption of these rules is found, generally, at § 40-1-103.5, C.R.S. (authorizing the Commission to promulgate implementing rules)and § 40-2-108, C.R.S. (authorizing the Commission to promulgate rules necessary to administer and enforce Title 40) and, specifically, in SB 23-291, as codified at §§ 40-3-102.5 and 40-3-114, C.R.S., and § 24-4-103(6), C.R.S. |
| Purpose/Objective of Rule |
This matter comes before the Commission for immediate adoption of temporary rules in order to continue certain critical amendments to the Rules Regulating Electric Utilities (“Electric Rules”), 4 Code of Colorado Regulations (“CCR”) 723-3, and Rules Regulating Gas Utilities (“Gas Rules”), 4 CCR 723-4, until the Commission completes its rulemaking in ongoing Proceeding No. 24R-0168EG, and final rules take effect. The Commission originally adopted temporary rules for this purpose by Decision No. C23-0538, issued August 14, 2023, in Proceeding No. 23R 0408EG, and then re-issued identical rules by Decision No.C24-0139, issued March 6, 2024, in Proceeding No. 24R-0107EG. The current temporary rules will expire on October 2, 2024.2. The statutory provisions necessitating these temporary rules were enacted in Senate Bill (“SB”) 23-291, which became effective on August 7, 2023. The temporary rules implement certain identified provisions enacted in SB 23-291 that require immediate implementation. These include the provisions in § 40-3-102.5(1)(b), C.R.S., that require the filing of specified information with a utility’s base rate tariff filing made to the Commission. The temporary rules also implement § 40-3-102.5(2)(a),C.R.S., requiring the filing of rate trend reports when an electric or gas utility seeks to increase a rate or charge. |
| Basis And Purpose |
BasisAndPurposeAttachment2024-00519.pdf
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| Comments |
The Commission opened a rulemaking on April 30, 2024, to consider both rules to replace these temporary rules and additional rules to complete implementation of SB 23-291. This rulemaking, docketed as Proceeding No. 24R-0168EG, remains ongoing. The assigned administrative law judge has already held one rulemaking hearing, convened on June 3, 2024, and received multiple rounds of comments from the affected electric and gas utilities and other interested persons. Because the rulemaking is not yet complete, the Commission will not have rules in effect prior to the expiry on October 2, 2024, of the temporary rules it previously adopted. Consequently, we find it is imperatively necessary to re-issue temporary rules in order to continue to comply with state law and to provide for the health, safety, and welfare of the public while the Commission completes its ongoing rulemaking in Proceeding No. 24R-0168EG. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
Senate Bill 23-291
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| Contact Name |
Becky Quintana |
| Contact Title |
Deputy Director Commission Policy and Research Sup |
| Contact Telephone |
303-894-2881 |
| Contact email |
rebecca.quintana@state.co.us |
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Adopted rule
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