4 Colo. Code Regs. § 723-7-7002

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

Section 4 CCR 723-7-7002 - Applications

(a) Commission action shall be sought regarding any of the following matters unless otherwise excepted by these rules through the filing of an appropriate application:

(I) for a certificate of public convenience and necessity, as provided in rule 7101;

(II) to amend a certificate of public convenience and necessity, or to change, extend, curtail, abandon, or discontinue any service, as provided in rule 7102;

(III) for authority to transfer a certificate of public convenience and necessity, to obtain a controlling interest in any utility, to transfer assets or stock, or to merge a utility with another entity, as provided in rule 7103;

(IV) for authority to construct, alter, or abolish a utility crossing, or a highway-rail or pathway crossing; or for authority to install or modify crossing warning devices, as provided in rule 7204;

(V) for authority to allocate costs for highway-rail grade separations, as provided in rule 7205;

(VI) for approval of a transit agency's system safety program plan, as provided in rule 7343, system security plan, as provided in rule 7344, or annual report, as provided in rule 7349; or

(VII) for any other matter provided by statute or rule but not specifically described in this rule.

(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 attachments:

(I) the name and mailing address of the applicant;

(II) if the applicant is a corporation or limited liability company; the name of the state in which the applicant is incorporated or organized and the location of its principal office, if any, in Colorado;

(III) if the applicant is a partnership; the names, titles and addresses of all general and limited partners;

(IV) the name, address, telephone number, and e-mail address of the applicant's representative to whom all inquiries concerning the application may be made;

(V) a statement that the applicant agrees to respond to all questions propounded by the Commission or its staff concerning the application;

(VI) a statement indicating the town or city, and any alternative town or city, where the applicant prefers any hearings to be held;

(VII) a statement that the applicant 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 decision;

(VIII) acknowledgment that by signing the application, the applicant understands that:

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

(B) if the application is granted, the applicant shall not commence the requested action until the applicant complies with applicable Commission rules and any pre-construction conditions established by Commission decision granting the application;

(C) if a hearing is held, the applicant 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)(VIII)(A) through (C) of this paragraph, an applicant may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(VIII)(A) through (C) of this paragraph.

(IX) 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 applicant, as appropriate, who is authorized to act on behalf of the applicant; 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.

4 CCR 723-7-7002

40 CR 14, July 25, 2017, effective 8/14/2017

41 CR 14, July 25, 2018, effective 8/14/2018

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

45 CR 11, June 10, 2022, effective 6/30/2022

47 CR 07, April 10, 2024, effective 4/30/2024