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Code of Colorado Regulations eDocket
Details of Tracking Number
2024-00564
CCR details
| Tracking Number |
2024-00564 |
| 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. The statutory provisions necessitating immediate issuance of these temporary rules were enacted in Senate Bill (“SB”) 23-291, which became effective on August 7, 2023. The Commission originally adopted temporary rules to implement SB 23-291 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, and again by Decision No. C24-0705, issued September 30, 2024, in Proceeding No. 24R-0414EG. The Commission issues these replacement temporary rules so soon after Decision No. C24-0705 because we have discovered that the rule language reflected in the attachments to Decision No. C24-0705 inadvertently omitted certain new definitions in the Electric Rules and Gas Rules that we promulgated in recent separate Proceeding No. 22R-0557EG. These definitions relate to utility disconnection and reconnection procedures and implement House Bill 22-1018. The Commission did not intend for the temporary rules adopted by Decision No. C24-0705 to affect those definitions; their omission from the attachments showing the temporary was due only to the inadvertent use of an outdated version of rules as the basis for the attachments. Accordingly, for clarity and transparency, we find it necessary to re-issue, for immediate effect, replacement temporary rules that contain our targeted revisions to the Electric and Gas Rules to implement SB 23-291 and that restore these unintentionally omitted definitions that we recently adopted in Proceeding No. 22R-0557EG. |
| Basis And Purpose |
BasisAndPurposeAttachment2024-00564.pdf
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| Comments |
In these continuing circumstances, we find it is imperatively necessary to 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 rulemaking. Without adoption of these temporary rules, electric and gas utilities may find it difficult to continue to operate effectively in the ordinary course of business, which would be contrary to the public interest. Accordingly, in order to provide necessary continuity in the process by which electric and gas utilities change their rates for providing service to their Colorado customers, and to correct the error of inadvertently omitting rule definitions duly adopted in another rulemaking, we adopt for immediate effect the temporary rules shown in the attachments to this Decision in accordance with the provisions of § 24-4-103(6), C.R.S. |
| 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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