4 Colo. Code Regs. § 723-11-11010
Current through Register Vol. 47, No. 17, September 10, 2024
Section 4 CCR 723-11-11010 - Interpretation(a) Consistent with rule 1304 of the Commission Rules of Practice and Procedure, 4 CCR 723-1, an operator may file a petition seeking a declaratory order that resolves a controversy or uncertainty regarding any statute, Commission rule, regulation, and/or Commission decision. The requestor shall include with each request, at least the following: (I) the statutory provision(s), Commission rule(s), regulation(s). and/or decision(s) at issue;(II) the specific instance or illustration of the application of the statutory provision(s), Commission rule(s), regulation(s), and/or decision(s) that causes the controversy or uncertainty; and(III) the complete petitioner's contact information.(IV) The petition may also include a request for expedited treatment if an interpretation is needed quickly and good cause exists.(b) Upon receipt of the petition for a declaratory order, the Commission will consider whether to accept the filing consistent with rule 1304 of the Commission's Rules of Practice and Procedure, 4 CCR 723-1.(c) If the petition requires interpretation of a federal regulation incorporated by reference into these rules and the Commission accepts the petition, PHMSA must review the Commission's interpretation of the federal regulation. The Commission's decision interpreting the federal regulation, and the reasons therefore, shall issue as an interim decision that shall be provided to the Office of Pipeline Safety for final review. Any response by the Office of Pipeline Safety shall be incorporated into the Commission's final decision.(d) Nothing in these rules prohibits an operator from contacting the PSP Chief or PSP Lead Engineer for informal assistance. Consistent with paragraph 1007(d) of the Commission's Rules of Practice and Procedure, 4 CCR 723-1, opinions expressed by the PSP Chief or PSP Lead Engineer do not represent the official views of the Commission, but are designed to aid the public and to facilitate the accomplishment of the Commission's functions. Nothing communicated by the PSP Chief or PSP Lead Engineer constitutes legal advice.44 CR 04, February 25, 2021, effective 3/17/202147 CR 09, May 10, 2024, effective 5/30/2024