4 Colo. Code Regs. § 723-1-1003
Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 723-1-1003 - Waivers and Variances(a) The Commission has promulgated these rules to ensure orderly and fair treatment of all persons. The Commission may, for good cause shown, grant waivers or variances from tariffs, Commission rules, and substantive requirements contained in Commission decisions. In making its determination the Commission may take into account, but is not limited to, considerations of hardship, equity, or more effective implementation of overall policy on an individual basis. The Commission may subject any waiver or variance granted to such terms and conditions as it may deem appropriate.(b) Waiver or variance requests made in an existing proceeding shall be by motion. Waiver or variance requests made outside an active proceeding shall be by petition. If a petition requests a waiver or variance to be effective less than 40 days after the date of filing, the petition must include a request to waive or shorten the Commission notice and intervention period found in paragraph (d) of rule 1206. If such request is not included, the Commission notice and intervention period found in paragraph (d) of rule 1206 apply.(c) All waiver or variance requests shall include:(I) citation to the specific paragraph of the rule or decision from which the waiver or variance is sought;(II) a statement of the waiver or variance requested;(III) a statement of facts and circumstances relied upon to demonstrate why the Commission should grant the request.(IV) a statement regarding the duration of the requested waiver or variance, explaining the specific date or event that will terminate it;(V) a statement whether the waiver or variance, if granted, would be full or partial; and(VI) any other information required by rule.38 CR 02, January 25, 2015, effective 2/14/201538 CR 20, October 25, 2015, effective 11/14/201543 CR 13, July 10, 2020, effective 7/30/202045 CR 07, April 10, 2022, effective 4/30/2022