4 Colo. Code Regs. § 723-5-5002

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

Section 4 CCR 723-5-5002 - Applications

(a) Any person may seek Commission action regarding any of the following matters through the filing of an appropriate application:

(I) for the issuance or extension of a certificate of public convenience and necessity for a franchise, as provided in rule 5100;

(II) for the issuance or extension of a certificate of public convenience and necessity for service territory, as provided in rule 5101;

(III) for the issuance of a certificate of public convenience and necessity for construction of facilities, as provided in rule 5102;

(IV) for the amendment of a certificate of public convenience and necessity to change, extend, curtail, abandon, or discontinue any service or facility, as provided in rule 5103;

(V) to transfer a certificate of public convenience and necessity, to obtain a controlling interest in any utility, to transfer assets within the jurisdiction of the Commission, or stock, or to merge a utility with another entity, as provided in rule 5104;

(VI) to amend a tariff on less than statutory notice, as provided in rule 5109;

(VII) for simplified regulatory treatment, for modification of simplified regulatory treatment, for continuation of simplified regulatory treatment, or for termination of simplified regulatory treatment, as provided in rule 5112;

(VIII) for approval of meter and equipment testing practices, as provided in rule 5303;

(IX) for approval of meter sampling program, as provided in rule 5304;

(X) for approval of refund plan, as provided in rule 5410;

(XI) for approval of an emergency notification plan, as provided in rule 5411; and

(XII) for any other matter not specifically described in this rule unless such matter is required to be submitted as a petition under rule 1304, as a motion, or as some other specific type of submittal.

(b) In addition to the requirements of specific rules, all applications shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attached exhibits:

(I) the name and address of the applying utility;

(II) the name(s) under which the applying utility is, or will be, providing service in Colorado;

(III) the name, address, telephone number, and e-mail address of the applying utility's representative to whom all inquiries concerning the application should be made;

(IV) a statement that the applying utility agrees to answer all questions propounded by the Commission or its Staff concerning the application;

(V) a statement that the applying utility shall permit the Commission or any member of its Staff to inspect the applying utility's books and records as part of the investigation into the application;

(VI) a statement that the applying utility understands that, if any portion of the application is found to be false or to contain material misrepresentations, any authorities granted pursuant to the application may be revoked upon Commission order;

(VII) in lieu of the separate statements required by subparagraphs (b)(IV) through (VI) of this rule, a utility may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(IV) through (VI) of this rule;

(VIII) a statement describing the applying utility's existing operations and general service area in Colorado;

(IX) for applications listed in subparagraphs (a)(I), (II), (III), (V), and (VI) of this rule, a copy of the applying utility's or parent company's and consolidated subsidiaries' most recent audited balance sheet, income statement, statement of retained earnings, and statement of cash flows that provide Colorado specific financial information;

(X) a statement indicating the town or city, and any alternative town or city, in which the applying utility prefers any hearing be held;

(XI) acknowledgment that, by signing the application, the applying utility understands that:

(A) the filing of the application does not by itself constitute approval of the application;

(B) if the application is granted, the applying utility shall not commence the requested action until the applying utility complies with applicable Commission rules and any conditions established by Commission order granting the application;

(C) if a hearing is held, the applying utility must present evidence at the hearing to establish its qualifications to undertake, and its right to undertake, the requested action; and

(D) in lieu of the statements contained in subparagraphs (b)(XI)(A) through (C) of this rule, an applying utility may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(XI)(A) through (C) of this rule.

(XII) An attestation which is made under penalty of perjury; which is signed by an officer, a partner, an owner, an employee of, an agent for, or an attorney for the applying utility, as appropriate, who is authorized to act on behalf of the applying utility; and which states that the contents of the application are true, accurate, and correct. The application shall contain the title and the complete address of the affiant.

(c) In addition to the requirements of specific rules, all applications shall include the information listed in subparagraphs (a)(I) through (V) of rule 1310. Applying utilities may either include the information in the application itself or incorporate the information by reference to the miscellaneous proceeding created under rule 1310.

(d) Customer notice. Except as required or permitted by § 40-3-104, C.R.S., if the applicant is required by statute, Commission rule, or order to provide notice to its customers of the application, the applicant shall, after filing an application with the Commission, cause to have published notice using the following methods:

(I) if the applicant has a public website, the applicant shall immediately post notice of the filing on its public website, which posting must be conspicuously displayed on the website for at least 30 days;

(II) within seven days after filing an application with the Commission, cause to have published notice of the filing of the application in each newspaper of general circulation in the service area impacted by the application. The applicant shall file proof of such customer notice in the proceeding noticed within 14 days of the publication in the newspaper. Failure to provide such notice or failure to provide the Commission with proof of notice may cause the Commission to not deem the application complete; and

(III) such other notice method as deemed appropriate by the Commission.

(e) All forms of customer notice pursuant to paragraph (d) shall include the following:

(I) the title "Notice of Application by [Name of the Utility] for [Purpose of Application]";

(II) state that [Name of Utility] has applied to the Colorado Public Utilities Commission for approval to [Purpose of Application]. If the utility commonly uses another name when conducting business with its customers, the "also known as" name should also be identified in the notice to customers;

(III) provide a brief description of the proposal and the scope of the proposal, including an explanation of the possible impact upon persons receiving the notice;

(IV) identify which customer class(es) will be affected and the monthly customer rate impact by customer class, if customer rates are affected by the application;

(V) identify the application's proposed effective date;

(VI) identify that the application was filed on less than statutory notice or if the applicant requests an expedited Commission decision, as applicable;

(VII) state that the filing is available for inspection in each local office of the applicant and at the Colorado Public Utilities Commission;

(VIII) identify the proceeding number, if known at the time the customer notice is provided;

(IX) state that any person may file written comment(s) or objection(s) concerning the application with the Commission. As part of this statement, the notice shall identify both the address and e-mail address of the Commission and shall state that the Commission will consider all written comments and objections submitted prior to the evidentiary hearing on the application;

(X) state that if a person desires to participate as a party in any proceeding before the Commission regarding the filing, such person shall file an intervention in accordance with the rule 1401 of the Commission's Rules of Practice and Procedure or any applicable Commission order;

(XI) state that the Commission may hold a public hearing in addition to an evidentiary hearing on the application and that if such a hearing is held members of the public may attend and make statements even if they did not file comments, objections or an intervention. Identify that if the application is uncontested or unopposed, the Commission may determine the matter without a hearing and without further notice; and

(XII) state that any person desiring information regarding if and when hearings may be held shall submit a written request to the Commission or, alternatively, shall contact the External Affairs section of the Commission at its local or toll-free phone number. Such statement shall also identify both the local and toll-free phone numbers of the Commission's External Affairs section.

4 CCR 723-5-5002

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

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022