HomeMy WebLinkAbout20090564Decision No. C09-0239
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 09A-056EG
IN THE MATTER OF POSSIBLE REVISIONS TO THE COMMISSION'S ELECTRIC GAS
AND PROCEDURAL RULES TO CONSIDER THE UTILITY RELATED COMPONENT OF
COLORADO'S BID FOR ECONOMIC STIMULUS FUNDS AND THE APPROPRIATE
POLICIES FOR COST RECOVERY OF ANY INVESTMENT REQUIRED BY UTILITIES.
ORDER CONCERNING SECOND ROUND OF COMMENTS
ON POSSIBLE RULE CHANGES AND NOTING CHANGE
IN LOCATION OF MARCH 10, 2009 CONFERENCE
Mailed Date: March 5, 2009
Adopted Date: March 4, 2009
I. BY THE COMMISSION
A. Statement, Findings, and Conclusions
1. This matter comes before the Commission following the receipt of comments in
response to Decision No. C09-0186, which decision issued on February 24, 2009. Decision
No. C09-0186 followed from the comments received in response to the Order initiating this
docket, Decision No. C09-0104, which decision issued on February 4, 2009.
2. Decision No. C09-0186 invited interested stakeholders to continue the discussion
concerning possible rule revisions that set forth expedited procedures for applications for
projects and programs that stem from the American Recovery and Reinvestment Act of 2009. To
further this discussion, we attached draft proposed rules setting forth multiple pathways for
expedited decision -making. Decision No. C09-0186 established noon on March 2, 2009 as the
deadline for filing comments on the draft proposed rules and announced a Commissioners'
Deliberations Meeting.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C09-0239 DOCKET NO. 09A-056EG
3. The following entities timely filed comments: Black Hills/Colorado Electric
Utility Company, LP and Black Hills/Colorado Gas Utility Company, LP; Public Service
Company of Colorado; CF&I Steel, L.P., doing business as Rocky Mountain Steel Mills, and
Climax Molybdenum Company; and the Colorado Office of Consumer Counsel.
4. In summary, the comments addressed the following:
(a) Whether multiple default pathways versus a single default pathway is
preferable;
(b) Whether all proposed pathways provided a sufficient guarantee of
expedited treatment;
(c) Whether all proposed procedures contained adequate safeguards to protect
the due process interests of the applicant, with specific reference to interventions, discovery, and
pre -filed testimony;
(d) Whether the proposed rules adequately described the cost recovery
mechanisms that might be approved in connection with. an application seeking approval of a
project or program;
(e) Whether the timing and scope of the pre -filing meeting should be
modified to better serve the public interest; and
(f) Textual changes to the proposed rules intended to improve clarity.
5. The Commission acknowledges and appreciates the comments provided in this
matter in response to Decision Nos. C09-0104 and C09-0186. The Commission will take all of
these comments under advisement in its consideration of how to proceed with respect to the
content of any emergency rules we issue.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C09-0239 DOCKET NO. 09A-056EG
6. The Commission finds that it is appropriate to proceed to issue emergency rules.
The adoption of emergency rules will occur in a separate proceeding opened specifically for that
purpose.
B. Notice of Change in Location of Conference
7. In Decision No. C09-0186, the Commission provided information regarding its
future involvement in a symposium to take place on March 10, 2009. Due to the very positive
response from prospective attendees it became apparent that the original facility would be too
small. Thus, a new location for the symposium has been found. The new details are as follows:
8. The new location of the symposium is as follows: Ritz -Carlton Ballroom,
1881 Curtis Street, Denver, Colorado 80202.
9. Detailed information concerning the symposium, including any further updates to
the above information, can be found at the Commission's website:
http://www.dora.state.co.us/puc.
II. ORDER
A. The Commission Orders That:
1. There are no further deadlines in this docket at this time.
2. This docket shall remain open so that there is still a proceeding in which the
Commission may issue further directives and interested stakeholders may submit further requests
should the need arise.
3. This Order is effective upon its Mailed Date.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C09-0239 DOCKET NO. 09A-056EG
B. ADOPTED IN COMMISSIONERS' DELIBERATIONS MEETING
March 4, 2009.
(S F A L) THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
ATTEST: A TRUE COPY
Doug Dean,
Director
RONALD J. BINZ
JAMES K. TARPEY
MATT BAKER
Commissioners
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