4 Colo. Code Regs. § 723-3-3107

Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 723-3-3107 - Voluntary Air Quality Improvement Programs pursuant to section 40-3.2-102, C.R.S
(a) A utility seeking authority for cost recovery of a voluntary air quality improvement program shall file an application pursuant to this rule. The utility cannot recover the cost of a voluntary air quality improvement program without authority from the Commission.
(b) An application for cost recovery of a voluntary air quality improvement program shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attachments:
(I) all information required in paragraphs 3002(b) and 3002(c);
(II) the voluntary agreement entered into pursuant § 40-3.2-102(1), C.R.S.;
(III) an analysis demonstrating that the proposed cost recovery mechanism complies with, and does not exceed, the rate impact cap, the total cost cap, and the recovery period limit established in § 40-3.2-102(3), C.R.S.;
(IV) a written acknowledgment that any revenues the applying utility receives from transferring, selling, banking, or otherwise using allowances under title IV of the federal Clean Air Act shall be credited to the applying utility's customers to offset air quality improvement costs if such revenues are a result of a voluntary agreement entered into under part 12 of article 7 of title 25 C.R.S., as required by § 40-3.2-102(4), C.R.S.;
(V) a statement as to whether the applying utility's generating capacity will increase under the voluntary agreement for air quality improvement; and
(VI) a statement as to whether, pursuant to § 40-3.2-102(7), C.R.S., the applying utility intends to seek recovery of a portion of the air quality improvement costs from its wholesale customers and, if it does so intend, whether the applying utility intends to credit its retail customers for air quality improvement costs recovered from wholesale customers.

4 CCR 723-3-3107

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