4 Colo. Code Regs. § 723-1-1210

Current through Register Vol. 47, No. 11, June 10, 2024

Section 4 CCR 723-1-1210 - Tariffs and Advice Letters

(a) General.

(I) All utilities, unless specifically exempted by the Commission, shall have current tariffs for all jurisdictional services on file with the Commission.

(II) The utility shall have its current tariff available for public inspection at its principal place of business during normal business hours. The utility shall post its tariffs on its website.

(III) The utility shall file with the Commission an advice letter, the proposed tariff pages, any supporting documentation, and any supporting testimony, including attachments. Unless such filing is made through the E-Filings System, the original and three copies must be filed.

(IV) Format and required contents. Utilities shall file proposed tariffs using the form available from the Commission or from its website and shall provide the information required by the form.

(V) The Commission will provide notice by electronic posting in the E-Filings System within seven days of the receipt of an advice letter and tariff.

(VI) Effective date calculation. In calculating the proposed effective date of a tariff, the date on which the tariff is filed with the Commission shall not be counted. The entire notice period must expire prior to the proposed effective date of the tariff. See also rule 1203(c).

(VII) Any person affected by a tariff change proposed under this rule may submit a written protest to the proposed change. Any protest must be filed sufficiently in advance of the effective date to permit Commission consideration before the tariff becomes effective, generally at least ten days before the effective date of the proposed tariff.

(VIII) Hearing and suspension. When a utility files a proposed tariff, the Commission may suspend the proposed tariff's effective date by ordering that a hearing be held. Pending hearing and decision, the proposed tariff shall not go into effect. The period of suspension shall not extend more than 120 days beyond the proposed effective date of the tariff, unless the Commission, by separate decision, extends the period of suspension for an additional period not to exceed 130 days.

(b) Tariffs.

(I) Contents. In addition to the utility's rates, classifications, rules, regulations, forms of contracts, terms, conditions, and service offerings, the following shall be included in the tariff:

(A) a title page including:

(i) the utility's name and trade name, address, website address, and telephone number, including a toll free customer service telephone number, if applicable; and

(ii) a general statement of the services to which the tariff applies;

(B) a table of contents;

(C) an explanation of the tariff's paragraph numbering sequence;

(D) a list explaining tariff change symbols. At a minimum, the following symbols shall be used:

Symbol	Signifying
C	Change in text due to a changed regulation, term, or condition, that does not affect rates.
D	Discontinued service or deleted material.
I	Rate increase.
R	Rate reduction.
M	Material moved from or to another part of the utility's tariff; a footnote indicating where the material was moved from and where the material was moved to shall accompany all "M" classified changes.
N	New material, including new products, services, rates, terms, or conditions.
T	Change in text not related to changes in rates, charges, terms, or conditions.

(E) a list of all abbreviations and definitions used in the tariff;

(F) identification of the utility's types of service and service territory, as applicable, to which the tariff applies;

(G) provisions regarding the following, as applicable;

(i) line extensions;

(ii) customer deposits;

(iii) return check charges consistent with § 13-21-109, C.R.S.;

(iv) disconnection, discontinuance, and restoration of service;

(v) billing and payments;

(vi) liability limitations;

(vii) late payment charges; and

(viii) customer and utility responsibilities, obligations, duties, and rights; and

(H) the following information, on each tariff page:

(i) utility's name;

(ii) the tariff number ("Colorado PUC No. ___"), running consecutively for each subsequent tariff filing;

(iii) if applicable, the number of the tariff being canceled ("Cancels PUC No. ___");

(iv) the tariff title, which identifies the types of services included in the tariff;

(v) the tariff page numbers (e.g., "Original Sheet No. 34"); or, if the page cancels another page, a listing of the canceled page number shall be included (e.g., "First Revised Sheet No. 34", "Cancels Original Sheet No. 34");

(vi) relevant section or heading captions;

(vii) an identification of the corresponding advice letter number implementing the tariff or the tariff change and an identification of the corresponding Commission decision number, if applicable; and

(viii) the tariff or tariff page's effective date, and, if applicable, the tariff or tariff page's cancellation date.

(c) Advice letters.

(I) Filing with tariff. A utility shall file an advice letter with each tariff filing.

(II) The advice letter shall include:

(A) the utility's name, trade name, if any, and address;

(B) the sequentially numbered identification of the advice letter;

(C) an identification of the corresponding tariff number;

(D) an identification of the corresponding Commission proceeding number and decision number, if applicable;

(E) a brief description of the tariff or tariff changes, which at a minimum shall include:

(i) affected classes of service;

(ii) affected classes of customers;

(iii) whether the tariff contains an increase in rates, a decrease in rates, or both;

(iv) whether the tariff changes terms or conditions; and

(v) whether the tariff makes textual changes;

(F) an identification of tariff page numbers included in the filing;

(G) if applicable, a listing of revised page numbers and/or canceled page numbers;

(H) the tariff's or tariff page's proposed effective date;

(I) the name, telephone number, and email address of the person to contact regarding the filing; and

(J) the signature of the agent of the utility authorized to file the advice letter.

(III) If there is a change in any information contained in the title page of the tariff, the utility shall file an advice letter with the new information and the new title page. The advice letter and title page may be filed on not less than five-days' notice, if the only revision to the tariff is to provide the new information on the title page.

(IV) The advice letter shall be filed in the prescribed form as available from the Commission.

4 CCR 723-1-1210

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 20, October 25, 2015, effective 11/14/2015

43 CR 13, July 10, 2020, effective 7/30/2020

45 CR 07, April 10, 2022, effective 4/30/2022