4 Colo. Code Regs. § 723-3-3000

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 723-3-3000 - Scope and Applicability

(a) Absent a specific statute, rule, or Commission Order which provides otherwise, all rules in this Part 3 (the 3000 series) shall apply to all jurisdictional electric utilities and electric master meter operators and to Commission proceedings concerning electric utilities or electric master meter operators providing electric service.

(b) The following rules in this Part 3 shall apply to cooperative electric associations which have elected to exempt themselves from the Public Utilities Law pursuant to § 40-9.5-103, C.R.S.

(I) Paragraphs 3002 (a)(I), (a)(II), (a)(IV), (a)(V), (a)(XVI), (b), and (c) concerning the filing of applications for certificate of public convenience and necessity for franchise or service territory, for certificate amendments, to merge or transfer, or for appeals of local government actions.

(II) Paragraphs 3005 (a)(III), (IV), (d), (e), (g), and (h) concerning records under RUS accounting system and preservation of records.

(III) Paragraphs 3006 (a), (b), (c), (d), and (e) concerning the filing of annual reports, designation for service of process, and election of applicability of Title 40, Article 8.5.

(IV) Paragraphs 3008 (b) and (d) concerning incorporation by reference.

(V) Rules 3100 and 3103 concerning application for and amendment of a certificate of public convenience and necessity relating to a franchise.

(VI) Rules 3101 and 3103 concerning application for and amendment of a certificate of public convenience and necessity relating to service territory.

(VII) Rule 3104 concerning application to transfer assets, to obtain a controlling interest, or to merge with another entity.

(VIII) Rule 3204 concerning incidents occurring in connection with the operation of facilities.

(IX) Paragraphs 3207 (a) and (b) concerning construction and expansion of distribution facilities.

(X) Rules 3250 through 3253 concerning major event reporting.

(XI) Rule 3411 concerning the Low-Income Energy Assistance Act unless the cooperative electric association has exempted themselves pursuant to paragraph 3411(a).

(XII) Rules 3650(b), 3651, 3652, 3654(b), (d) through (i), and (l); 3655(h)-(m); 3659(a)(I) through (a)(V), (b) and (d) through (i), 3660(l), 3661(b), (c), (g), and (i), 3662(a)(I), (a)(II), (a)(IV) through (a)(X), (a)(XIII), (a)(XV), (b), (d) and (e), and 3667.

(XIII) Rules 3700 through 3707 concerning appeals of local governmental land use decisions actions.

(c) The following rules in this Part 3 shall apply to cooperative electric generation and transmission associations.

(I) Paragraphs 3002 (a)(III), (a)(XVI), (b), and (c) concerning the filing of applications for certificates of public convenience and necessity for facilities or for appeals of local government actions.

(II) Paragraph 3006(j) concerning the filing of electric resource planning reports.

(III) Rule 3102 concerning applications for certificates of public convenience and necessity for facilities.

(IV) Rule 3103 concerning amendments to certificates of public convenience and necessity for facilities.

(V) Rule 3104 concerning application to transfer, to obtain a controlling interest, or to merger with another entity.

(VI) Rule 3200 concerning construction, installation, maintenance, and operation of facilities.

(VII) Rule 3204 concerning incidents occurring in connection with the operation of facilities.

(VIII) Rule 3205 concerning construction or expansion of generating capacity.

(IX) Rule 3206 concerning construction or extension of transmission facilities.

(X) Paragraph 3253(a) concerning major event reporting.

(XI) Rules 3602, 3605, and 3618(a) concerning electric resource planning.

(XII) Rules 3650(e), 3651, 3652, 3662(f), and 3668(d) concerning the RES.

(XIII) Rules 3700 through 3707 concerning appeals of local government actions.

(XIV) Rules 3750 through 3757 concerning regional electricity market participation.

(d) The following rules in this Part 3 shall apply to municipally owned utilities, which are qualifying retail utilities:

(I) Rules 3650(c), 3651, 3652, 3653, 3654(b), (c), (d) through (i) and (l); 3659(a)(I) through (a) (V), (b), (d) through (i), 3666, and 3668(d).

(e) The following rules in this Part 3 shall apply to municipally owned utilities which are not qualifying retail utilities.

(I) Paragraph 3650(d).

4 CCR 723-3-3000

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

47 CR 19, October 10, 2024, effective 10/30/2024