4 Colo. Code Regs. § 723-3-3703

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

Section 4 CCR 723-3-3703 - Applications

(a) To commence an appeal of a local government land use decision, a utility or power authority shall file with the Commission an application pursuant to this rule.

(b) An application filed in accordance with §§ 29-20-108, C.R.S., and this rule shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attachments:

(I) all of information required in paragraphs 3002(b) and 3002(c);

(II) a showing that one of the preconditions set out in rule 3702 has been met;

(III) identification of the major electrical facility;

(IV) identification of the local government action and its impact on the major electrical facility;

(V) a statement of the reasons the applying utility or power authority believes that the local government action would unreasonably impair its ability to provide safe, reliable, and economical service to the public;

(VI) the demonstrated need for the major electrical facility or reference to the application made to the Commission with respect to the major electrical facility and the resulting decision of the Commission regarding such facility;

(VII) the extent to which the proposed facility is inconsistent with existing applicable local or regional land use ordinances, resolutions, or master or comprehensive plans;

(VIII) whether the proposed facility would exacerbate a natural hazard;

(IX) applicable utility engineering standards, including supply adequacy, system reliability, and public safety standards;

(X) the relative merit, as determined through use of the normal system planning evaluation techniques of the utility or power authority, of any reasonably available and economically feasible alternatives proposed by the utility, the power authority, or the local government;

(XI) the impact that the local government action would have on the customers of the utility or power authority who reside within and without the boundaries of the jurisdiction of the local government;

(XII) the basis for the local government action. If available, the utility or power authority shall attach a copy of the local government action;

(XIII) the impact the proposed facility would have on residents within the local government's jurisdiction including, in the case of a right-of-way in which facilities have been placed underground, whether those residents have already paid to place such facilities underground. If the residents have already paid to place facilities underground, the Commission will give strong consideration to that fact;

(XIV) information concerning how the proposed major electrical facility will affect the safety of residents within and without the boundaries of the jurisdiction of the local government; and

(XV) an attestation that the utility or power authority will, upon filing the application with the Commission, simultaneously send a copy of the application to the local government body which took the local government action which is the subject of the appeal.

4 CCR 723-3-3703

38 CR 17, September 10, 2015, effective 9/30/2015

39 CR 06, March 25, 2016, effective 4/14/2016

39 CR 08, April 25, 2016, effective 5/15/2016

40 CR 22, November 25, 2017, effective 12/15/2017

42 CR 03, February 10, 2019, effective 3/2/2019

42 CR 07, April 10, 2019, effective 4/30/2019

42 CR 09, May 10, 2019, effective 5/30/2019

43 CR 08, April 25, 2020, effective 5/15/2020

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 20, October 25, 2020, effective 11/14/2020

44 CR 13, July 10, 2021, effective 7/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 18, September 25, 2022, effective 10/15/2022

46 CR 02, January 25, 2023, effective 2/14/2023