BASIS, PURPOSE, AND STATUTORY AUTHORITY.
The basis and purpose of these rules is to advise the public, entities regulated by the Commission,
attorneys who practice before the Commission, and any other person of the rules of practice and
procedure which the Commission has established in order to regulate public utilities and other entities
over which the Commission has jurisdiction. These rules are clear and simple and can be understood by
persons expected to comply with them. They do not conflict with any other provision of law, and there are
no duplicating or overlapping rules.
The statutory authority for these rules is §§ 40-2-108 and 40-3-110, C.R.S.
RULE (4 CCR) 723-1-1. SCOPE OF RULES.
(a) Purpose. These rules govern the practice and procedure before the Public Utilities Commission of the
State of Colorado.
(b) Authority. These rules are promulgated under §§ 40-2-108, 40-6-101(1), and Article 4 of Title 24,
C.R.S. If there is a conflict between these rules and The Colorado Revised Statutes, then the
Colorado Revised statutes shall control, unless the Colorado Revised Statutes otherwise provide.
(c) Other Rules Applicable. In addition to these rules, all public utilities under the jurisdiction of the
Commission are governed by substantive rules and regulations applying to each class of utilities
and special rules or regulations relating to particular subjects, all of which are found in Volume 4,
Code of Colorado Regulations, Section 723, (4 CCR 723).
(d) In addition to the Commission's Rules, Public Utilities and certain other entities affected with a public
interest subject to the jurisdiction of the Commission are governed by statutes which relate to
public utility regulation, found generally in Titles 24 and 40 of the Colorado Revised Statutes,
which should be reviewed when appearing before the Commission.
--SOURCE: Rules 1 and 2, 1970 ed.; Rule 1, 1987 ed.
--RULE (4 CCR) 723-1-2. APPENDICES - FORMS.
Appendices and forms to these rules are part of these Rules. Forms shall be used and completed with
required information identified in the forms.
--SOURCE: Rule 28, 1970 ed.; Rule 2, 1987 ed.
--RULE (4 CCR) 723-1-3. VARIANCE FROM RULES.
The Commission may permit variance from these rules, if not contrary to law, for good cause shown if it
finds that compliance is impossible, impracticable or unreasonable.
---
SOURCE: Rule 29, 1970 ed.; Rule 3, 1987 ed.
--RULE (4 CCR) 723-1-4. RULES OF CONSTRUCTION - DEFINITIONS.
(a) Rules of Construction. The following rules of construction apply to these rules unless the context
requires otherwise:
(1) Words of the masculine gender include the feminine and the neuter and when the sense
indicates, words of the neuter gender may refer to any gender.
(2) Words in the singular include the plural, and words in the plural include the singular.
(3) In computing a period of days, the first day is excluded and the last day is included. If the last
day of any period is a Saturday, Sunday, or State of Colorado legal holiday, the period
shall be extended to include the next day which is not a Saturday, Sunday, or State of
Colorado legal holiday.
(4) The State Administrative Procedure Act, found at Article 4 of Title 24, C.R.S., shall apply to
the work, business, proceedings, and functions of the Commission, except as provided in
§ 24-2-107, C.R.S.
(5) The Colorado Rules of Civil Procedure shall apply to the work, business, proceedings, and
functions of the Commission where a specific statutory provision or a specific provision in
these rules so provides.
(6) These rules shall be liberally construed toward securing a just, speedy and efficient
determination of all matters presented to the Commission.
(b) Definitions. The following words shall have the meanings indicated for these rules, unless the context
requires otherwise:
(1) Affiliate means, unless the context otherwise requires, a subsidiary of a public utility, a parent
corporation of a public utility, a joint venture organized as a separate corporation or
partnership to the extent of the individual public utility's involvement with the joint venture,
or a subsidiary of a parent corporation of a public utility.
(2) Commission means the Commission as an entity, two or more Commissioners acting as the
Commission, a Commissioner sitting as a hearings commissioner, an administrative law
judge or the Executive Secretary of the Commission.
(3) Docket means a file maintained by the Commission as the record for matters filed and
proceedings heard by the Commission.
(4) Executive Secretary means the Executive Secretary identified in § 40-2-103, C.R.S.
(5) Fixed utility means a public utility as defined in § 40-1-103, C.R.S., conducting business as a
gas utility, gas pipeline utility, electrical utility, telephone utility, telegraph utility, water
utility, radio common carrier, or a telecommunications service provider, providing services
and products regulated by the Commission in accordance with Parts 1, 2, OR 3 of Article
15, Title 40, C.R.S.
(6) Increase in rates or general increase or similar words, means changes in tariff or price list
rates, including tariff or price list rules and regulations, which have the effect of increasing
any rate of a public utility. These words do not include changes in the National Motor
Freight Classification or the Uniform Freight Classification.
(7) Initial rate means a rate for service not previously offered or provided by a public utility.
(8) Local newspaper means a newspaper having a daily or weekly paid circulation of at least
1,000 in the area of the state where the members of the public affected by the matter of
which notice is given are located.
(9) Modified Procedure means the process used by the Commission in accordance with Rule 24
of these rules and § 40-6-109(5), C.R.S., to review matters which are noncontested and
unopposed and which do not require a hearing.
(10) Newspaper having general circulation means a newspaper with a daily paid Colorado
circulation of at least 100,000.
(11) Person means a person as defined in § 40-1-102(5), C.R.S.
(12) Presiding officer means the chairman or senior commissioner in a hearing conducted before
the Commission en banc, or a hearing commissioner in a hearing conducted by a single
commissioner, an administrative law judge when conducting a hearing, or the Executive
Secretary when designated an administrative law judge in accordance with § 40-2104(3), C.R.S. and when conducting a hearing.
(13) Pro se means any individual appearing on his own behalf or on behalf of a closely held
corporation or other legal entity without an attorney in a proceeding before the
Commission, as permitted by Rule 21(b).
(14) Public records means all writings, including computer programs and records, made,
maintained, or kept by the Commission for use in the exercise of functions required or
authorized by Title 40, C.R.S. and as defined in § 24-72-202(6), C.R.S.
(15) Public utility means a public utility as defined in § 40-1-103, C.R.S., and includes a fixed
utility and a transportation utility as defined in this rule.
(16) Rate means any rate, fare, toll, rental or charge.
(17) Tariff or price list means a publication containing an index of articles and schedules showing
all rates and classifications collected or enforced, or to be collected and enforced,
together with all rules, and regulations, which in any manner affect or relate to rates,
classifications, or service. For transportation utilities, tariffs shall also contain a list of
participating motor vehicle carriers (if a joint tariff) and a list of towns for which the rates
are named.
(18) Transportation utility means, unless otherwise specified in a particular rule, a motor vehicle
carrier as defined in § 40-10-101(4)(a), C.R.S., and contract carrier by motor vehicle as
defined in § 40-11-101(3), C.R.S.
--SOURCE: Rules 1 and 5, 1987 ed.
--RULE 5 Communication with the Commission
(a) Correspondence with the Commission. All correspondence with the Commission concerning
proceedings subject to these rules shall be addressed to the Executive Secretary, Public Utilities
Commission, at the Commission's current address, and not to individual Commissioners or
members of the Commission's Staff, unless otherwise specifically ordered or unless responding
to an individual staff member.
(b) Required Information. A person corresponding with the Commission concerning proceedings subject
to these rules shall state his address, telephone number, the party he represents, his return
address if different than the first stated address, and the docket number and short title of the
subject matter, if applicable. Every holder of a certificate, permit, registration or other authority
issued by the Commission corresponding with the Commission shall use the name, address and
number shown on the certificate, permit, registration or other authority.
(c) Any correspondence to the Commission that does not comply with either paragraph (a) or (b) of this
rule shall be directed immediately to the executive secretary by the individual Commissioners or
Commission Staff. The Executive Secretary shall treat such correspondence as though received
pursuant to this rule.
(d) This rule shall not be used to circumvent the provisions of Rule 9.
--SOURCE: Rule 4, 1970 ed.; Rule 7, 1987 ed.
--RULE 6 Custodian of Commission Records
The Executive Secretary of the Commission is the designated custodian of the property and files, and
keeper of all Commission records for purposes of § 24-72-202, C.R.S. The Executive Secretary will, upon
request, furnish Commission-prescribed forms. Copies of pleadings on file, orders and Commission
decisions, and other documents in the Commission's public records will be furnished upon payment of the
fees established by statute or by the Commission and are available for inspection in accordance with §
24-72-203, C.R.S., during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday).
--SOURCE: Rule 5.A, 1970 ed.; Rule 8, 1987 ed.
--RULE 7 Timeliness - Service - Non-business Days
(a) Timeliness of Filing. Pleadings, requests, or other papers or documents must be received for filing at
the Commission's offices in Denver, Colorado, within the time limits, if any, for filing, during
normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday). The date and time of
Commission receipt, and not the date of deposit in the mail, governs. Any document received for
filing after normal business hours shall be deemed filed as of 8:00 a.m. the following business
day. A pleading or document will be considered as filed if it is transmitted to the Commission as a
facsimile if followed by filing of the original and number of copies required by Rule 22 within one
business day.
(b) Service.
(1) Where the Commission accomplishes service by mail, the certificate of mailing of the
Executive Secretary is prima facie evidence that service has been obtained on the date
of mailing. The date of mailing shall be stated on each Commission decision and the
effective date of any Commission decision which is effective immediately or forthwith is
the date of mailing, if different from the date on the face of the decision.
(2) Any pleading, or other document filed by a party in a docket shall be served on or mailed to
all other parties on the same day it is filed. Parties who intervene in dockets shall be
responsible for reviewing the Commission file to determine the identity of parties to
ensure that pleadings and other documents are properly served on all parties.
(3) Proof of service upon other parties of any pleading or document filed as required under § 406-108(3), C.R.S., shall be shown by a certificate of service, which shall be attached to the
pleading or document. When a party is represented by an attorney, service shall be made
upon the attorney unless service upon the party is ordered by the Commission. If a party
is represented by more than one attorney, service shall be made upon each attorney of
record, but in no event may a party designate more than two attorneys of record for
service. If a responsive pleading is permitted by Rule 22(b), the time to respond shall be
calculated using the date of mailing as shown in the certificate of service, or the date of
mailing shown on the face of Commission decisions or notices.
(4) When a pleading must be hand-delivered (as opposed to mailed) to parties the same day it is
filed at the Commission, delivery may be accomplished by transmitting a facsimile of the
complete document to parties capable of receiving a facsimile instead of by handdelivery.
(5) A COPY OF ANY PLEADING OR OTHER DOCUMENT FILED BY ANY PARTY IN A
DOCKET SHALL BE DELIVERED TO THE OFFICES OF THE COMMISSION AT THE
TIME OF FILING ADDRESSED TO EACH MEMBER OF STAFF ACTING AS
TESTIMONIAL OR ADVISORY STAFF WHO HAS BEEN SO DESIGNATED IN WRITING
FOR THE RECORD PURSUANT TO RULE 9. UPON THIS OCCURRENCE, THE
NUMBER OF COPIES OF PLEADINGS TO BE FILED UNDER RULE 22(f)(4)(a) SHALL
BE REDUCED TO AN ORIGINAL AND FIVE COPIES, OR TO AN ORIGINAL AND
THREE COPIES IF THE MATTER IS ASSIGNED TO AN ADMINISTRATIVE LAW
JUDGE.
(c) Non-business Days. Whenever the day for the performance of any act under these rules, or the
effective date of any Commission decision or order, or the effective date of any recommended
decision of an Administrative Law Judge or hearing commissioner, or the day upon which any
document is required to be filed with the Commission shall fall on a legal holiday specified in §§
24-11-101 et seq., C.R.S., or on Saturday or Sunday, or on any day when the Commission's office
is lawfully closed, then the day for performance or effective date shall be continued until 5:00 p.m.
on the first business day following the Saturday, Sunday, legal holiday, or day of lawful closing.
(d) Service - Civil Penalties. For purposes of giving notice of violations pursuant to § 40-7-116, C.R.S.:
(1) notice upon a partnership, or other unincorporated association, may be made by delivering a
copy of the notice to one or more of the partners or associates, or managing or general
agent thereof.
(2) notice upon a private corporation may be made by delivering a copy of the notice to any
officer, manager, general agent, or registered agent thereof.
--SOURCE: Rules 4.C and 11.F, 1970 ed.; Rule 9, 1987 ed.
--RULE 8 Open Meetings
(a) General. This rule implements the Open Meetings Law of the Colorado Sunshine Act of 1972, Part 4
of Article 6 of Title 24, C.R.S. This rule does not apply to hearings required or authorized by Title
40, C.R.S. A Commission open meeting is not a hearing as required or authorized by Title 40,
C.R.S., and none of the statutes or rules applicable to hearings applies to a Commission open
meeting.
(b) Definitions.
(1) Commission open meeting is a meeting of two or more Commissioners at which public
business is discussed or at which any formal action on public business is taken.
(2) Public business is any matter necessary and proper for the regulation of public utilities under
Article XXV of the Colorado Constitution and Title 40, C.R.S.
(c) Open Meetings. All Commission open meetings shall be open to the public at all times, except when
the Commission properly holds an executive session. The public may attend open meetings for
the purpose of observing the transaction of public business. A member of the public may
participate at any open meeting as permitted by the presiding Commissioner. Any person who is
disruptive, abusive, or disorderly at an open meeting may be excluded by the presiding
Commissioner.
(d) Executive Session. Upon affirmative vote of two Commissioners, the Commission may hold an
executive session under §§ 24-6-402(2.3), (2.5) and (2.7), C.R.S., or as otherwise provided by
law.
(e) Time of Open Meetings. Regular Commission open meetings will be held on a day and time of each
week as designated by the Commission. A special open meeting may be scheduled for any day of
the week, beginning at a time designated by the Chairman or a majority of the Commission. The
presiding Commissioner shall publicly announce recesses and the time at which the open
meeting shall begin. If a legal holiday falls on a day that an open meeting is usually scheduled,
the regular weekly Commission open meeting will usually be held on the following day.
(f) Place of Open Meetings. Commission open meetings will be held at the office of the Commission in
Denver, Colorado, unless otherwise designated by the Commission.
(g) Notice of Open Meetings.
(1) Notice of regular or special open meetings shall be posted a reasonable time prior to the
meeting in a prominent place at the Commission in an area open to the public. Any
matter may be discussed or formally acted upon at the open meeting.
(2) The Executive Secretary shall maintain a list of persons who have requested notice of open
meetings and shall provide these persons with as much advance notice as reasonably
practical under the circumstances.
(3) If a special open meeting is scheduled, actual notice shall be given by the Executive
Secretary to each Commissioner who is present at the Commission. If any Commissioner
is not present at the Commission, the Executive Secretary shall attempt to notify each
absent Commissioner by the most expeditious means available.
(h) Agenda of Open Meetings. The Executive Secretary shall prepare an agenda of all matters to be
considered by the Commission at all regular and special open Commission meetings. The
presiding Commissioner shall call for consideration of matters listed on the agenda, which shall
be posted prior to the beginning of the meeting at a prominent place at the Commission. Copies
of the agenda shall be readily available to the public present at the meeting. Matters known in
advance shall be included on the agenda of the meeting. Any matter which is not considered at
an open meeting, or is tabled, shall be continued on the agenda for the next meeting. The
Commission may consider emergency matters not shown on the agenda when appropriate. The
order of business at each open meeting shall be determined by the Commission.
--SOURCE: Rule 32, 1970 ed.; Rule 10, 1987 ed.
--RULE 9 OFF-THE-RECORD COMMUNICATIONS
A. General Policy Considerations
The purpose of this rule is to ensure that the Commission's decisions are free from personal bias
and that its decision making processes are consistent with the concept of fundamental fairness.
This rule is designed to prohibit off-the-record communications and to maintain public confidence
in the Commission's off-the record communications and to maintain public confidence in the
Commission's on-the-record proceedings. This rule does not apply to rule-making proceedings
conducted by the Commission pursuant to § 24-4-103 and 103.5, C.R.S.; interpretative rulemaking proceedings as described in Common Carriers Conference v. PUC, 761 P.2d 737 (1988);
investigative proceedings, or proceedings begun to determine and establish statements of
general Commission policy, and generic proceedings; or miscellaneous dockets such as dockets
established as repositories for information; or any communications with or at the request of
members of the Colorado General Assembly or their staffs relating to legislation, appropriations,
budget or oversight matters.
(b) Definitions
(1) “Material issue” means an issue that may affect the merits, substance or outcome of an onthe-record proceeding.
(2) (a) “Off the record communication” means any pleading, letter, facsimile, statement or any
other oral or written communication:
(1) Between a Commissioner or presiding officer and any party or any person
related to or acting on behalf of any party; or
(2) To a Commissioner or presiding officer by any party or any person related to
or acting on behalf of a party through advisory staff,
where all of the following apply:
(i) The communication occurs while the on-the-record proceeding is
pending, or is directed at an on-the-record proceeding filed within
30 days of the communication;
(ii) The communication is directed to a material issue in the on-therecord proceeding; and
(iii) Notice and opportunity to participate in the communication have not
been afforded to all parties to the on-the-record proceeding.
(B) “Off-the-record communication” does not mean:
(1) Procedural, scheduling or status inquiries or requests for information that
have no bearing on the merits, substance or outcome of the on-therecord proceeding;
(2) A communication, other than a communication as defined in paragraph (b)(2)
(A) of this rule between a Commissioner or presiding officer and advisory
staff, even though the communication may concern a material issue;
(3) Written protests authorized by § 40-3-104(1)(c)(II), C.R.S., that may be filed
by any customer of a public utility, at any time, in an on-the-record
proceeding concerning any request made by a public utility subject to the
jurisdiction of the Commission for proposed increases or changes in
rates and changes, as described in § 40-3-104, C.R.S. Such written
protests shall be made part of the record of the on-the-record proceeding
to which they relate. In addition, any oral off-the-record communication
that would be authorized by § 40-3-104(1)(c)(II), C.R.S., if it were written,
shall be considered so authorized if it is subsequently reduced to writing,
or otherwise preserved, and made part of the record. No party to an onthe-record proceeding shall directly or indirectly use the provisions of §
40-3-104, C.R.S. or this paragraph to circumvent the prohibition against
off-the-record communications contained in this rule; or
(4) Information secured by the Commission pursuant to § 40-6-113, C.R.S., so
long as that information is made part of the record of the on-the-record
proceeding to which it relates, and the parties to the on-the-record
proceeding are given an opportunity to address it or comment upon it
prior to the issuance of a final Commission decision; or
(5) Communications made in scheduled, noticed, open public meetings; in
educational programs or conferences; or in meetings of an association of
regulatory agencies.
(3) “On-the-record proceeding” means all proceedings wherein a record is made upon which a
decision of the Commission or presiding officer is to be based, except for rule- making
proceedings conducted pursuant to § 24-4-103 and 103.5, C.R.S.; interpretative rulemaking proceeding as described in Common Carriers Conference v. PUC, 761 P.2d 737
(1988); investigation proceedings; proceedings begun to determine and establish
statements of general Commission policy, and generic proceedings; or miscellaneous
dockets established as repositories for information; or any communications with or at the
request of members of the Colorado General Assembly or their staffs relating to
legislation, appropriations, budget or oversight matters.
(4) “Party” means a party as defined in Rule 20(a).
(5) “Pending” means an on-the-record proceeding that has been initiated by the filing of a
pleading.
(6) “Person” means a person as defined in § 40-1-102(5), C.R.S.
(c) Off-the-Record Communications Prohibited
Off-the record communications are prohibited, and will be treated in accordance with paragraphs
E. and F. of this rule.
(d) Functions of the Staff of the Commission
The staff of the commission may be divided into an advisory staff and a testimonial staff when, in
an on-the-record proceeding, the staff enters an appearance and becomes a party. In any such
on-the-record proceeding, the staff shall designate in writing for the record the names of those
staff members acting as testimonial staff and as advisory staff.
(1) Advisory staff may include the commission's executive secretary, counsel and consultants
assigned to a particular on-the-record proceeding. Advisory staff may advise a
Commissioner or presiding officer in accordance with paragraph B.2.(b)(2) of this rule.
(2) Testimonial staff may not advise a Commissioner or presiding officer in an on-the-record
proceeding.
(e) Treatment of Off-the-Record Communications
(1) Should a person make an off-the-record communication, the communication shall be
disclosed to all parties and made part of the record in the on-the-record proceeding to
which it relates as soon as it is brought to the attention of a Commissioner or presiding
officer. All parties shall be given the opportunity to respond to an off-the-record
communication, and, if necessary, call witnesses and cross-examine witnesses to
address the off-the-record communication. The person reporting the off-the-record
communication shall disclose on the record in a written pleading served upon all parties:
(a) The name and docket number of the on-the-record proceeding;
(b) A summary of the matters discussed;
(c) The persons involved and their relationship, if any, to the parties;
(d) The date and time of the communication and the circumstances under which it was
made; and
(e) Any other relevant information concerning the communication.
(f) Sanctions
In addition to notice and opportunity to respond, call witnesses and cross-examine witnesses
provided for in paragraph E. of this rule, and potential recusal or disqualification provided for in
paragraph G. of this rule, a party who directly or indirectly makes an off-the-record
communication is subject to the following sanctions:
(1) Dismissal of the proceeding;
(2) An adverse ruling on a pending issue that is the subject of the off-the-record communication
when other parties are prejudiced by the communication;
(3) The striking of evidence or pleadings when the evidence or pleading is tainted by the off-therecord communication;
(4) A public statement of censure by the Commission, when the off-the-record communication is
determined to be a part of a continuing pattern of off-the-record communication or when a
single off-the-record communication is made which requires admonishment, but where
mitigating circumstances exist that:
(a) Negate the need for a more severe sanction; and
(b) The on-the-record proceeding is not prejudiced to the extent that the presiding officer
is unable to make an unbiased decision;
(5) Such alternative or additional sanctions as may be appropriate in the circumstances.
(g) Motion to Recuse or Disqualify
(1) Upon a filing in good faith by a party of a timely and sufficient affidavit of personal bias of a
Commissioner or presiding officer, the Commissioner or the presiding officer shall rule
upon the allegations in such affidavit as part of the record in the on-the-record proceeding
within ten days after any responsive pleading to the affidavit has been filed, and
determine whether such bias exists, and whether such Commissioner or presiding officer
shall disqualify himself. If the party filing the affidavit is dissatisfied with the ruling, the
party may seek review of the ruling before all the Commissioners, by filing a motion to
modify or set aside within ten days. All Commissioners may vote on review of all motions
to disqualify.
(2) If a Commissioner or presiding officer at any time deems himself to have personal bias, the
Commissioner or presiding officer shall withdraw. A Commissioner or presiding officer
may at any time withdraw for any other good reason, in such a manner that no
substantial prejudice to any party results therefrom. Either of said withdrawals shall be
voidable if it makes it impossible for the Commission or presiding officer to render a
decision.
RULE 10 STANDARDS OF CONDUCT FOR THE COMMISSION
STANDARD OF CONDUCT TO BE APPLIED. The Commissioners and Staff of the Colorado Public
Utilities Commission are subject to § 40-2-102, C.R.S., the Colorado Code of Ethics for public employees
found at § 24-18-101 et. seq., C.R.S., and the Colorado Executive Order of February 10, 1987, entitled
“Integrity in Government for Colorado State Executive Branch Employees.” Subject to the aforementioned
statutes, and Executive Order (which shall control in the event of conflict) and recognizing that in addition
to quasi-judicial functions the Commission is required to and regularly does act in quasi-executive and
quasi-legislative capacities, such that the Colorado Code of Judicial Conduct is not properly applicable,
Commissioners and administrative law judges shall avoid the appearance of impropriety by complying
with the following. They should:
(a) participate in establishing, maintaining, and enforcing high standards of conduct, so that the integrity
and honor of the Commission may be preserved. The provisions of this Rule should be construed
and applied to further that objective.
(b) discharge their responsibilities with high integrity.
(c) respect and comply with the law. Their conduct, at all times, should promote public confidence in the
integrity and impartiality of the Commission.
(d) not own any stock or securities or other financial interest in any company regulated by the
Commission.
(e) not allow family, social or other relationships to influence official conduct or judgment.
(f) not lend the prestige of the office to advance the private interests of others, nor should they convey, or
permit others to convey, the impression that special influence can be brought to bear on them.
(g) have their official duties take precedence over all other activities. Their duties include all the duties of
office prescribed by law. In the performance of these duties, the following standards apply:
(1) to be faithful to and constantly strive to improve their competence in regulatory principles, and
to be unswayed by partisan interests, public clamor, or fear of criticism.
(2) to maintain order and decorum in the proceedings before them.
(3) to be patient, dignified, and courteous to litigants, witnesses, lawyers, and others with whom
the Commission deals in an official capacity, and to require similar conduct of lawyers,
staff, and others subject to their direction and control.
(4) to afford to every person who is legally interested in a proceeding, or their lawyer, full right to
be heard according to law.
(5) to diligently discharge their administrative responsibilities, maintain professional confidence in
Commission administration, and facilitate the performance of the administrative
responsibilities of other staff officials.
(6) to disqualify themselves in a proceeding in which their bias might reasonably be questioned,
including, but not limited to, instances where they:
(A) have a personal bias or prejudice concerning a party;
(B) have served as a lawyer or representative in the matter in controversy, or where a
lawyer with whom they previously practiced law served, during such association,
as a lawyer or representative concerning the matter;
(C) have a financial interest in the subject matter in controversy, or where their spouse or
minor child residing in the household has a financial interest in the subject matter
in controversy or is a party to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceeding.
(7) For purposes of this section:
(1) “Fiduciary” includes such relationships as Personal Representative, Trustee,
Guardian, or Conservator;
(2) “Financial Interest” means ownership of a legal or equitable interest, however small,
or a relationship as Director, Advisor, or active participant in the affairs of a party,
except that:
(A) Ownership in a mutual or common investment fund that holds securities is
not a “Financial Interest” in such securities unless the presiding officer
participates in the management of the fund;
(B) An office in an educational, religious, charitable, fraternal, or civic
organization is not a “Financial Interest” in securities held by that
organization;
(C) The proprietary interest of a policy holder in a mutual insurance company, of
a depositor in a mutual savings association, or a similar proprietary
interest, is a “Financial Interest” in the organization only if the outcome of
the proceeding could substantially affect the value of the interest.
(h) refrain from financial business dealings that tend to reflect adversely on impartiality, interfere with the
proper performance of official duties, or exploit the position. Commissioners and administrative
law judges should not be involved in frequent transactions with persons who come before the
Commission.
723-1-10(i) not accept a gift, bequest, or loan from, persons who come before the Commission, nor
should they permit family members to accept a gift, bequest, or loan from, persons who come
before the Commission.
RULE (4 CCR) 723-1-11 STANDARDS OF CONDUCT FOR PARTIES APPEARING BEFORE THE
COMMISSION.
Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least
one attorney of record in the attorney's individual name, whose address and telephone number shall be
stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other
paper and state the party's address and telephone number. Except when otherwise specifically provided
by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an
attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or
other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable
inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the
extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose,
such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a
pleading, motion. or other paper is not signed, it shall be stricken unless it is signed promptly after the
omission is called to the attention of the pleader or *movant. If a pleading, motion, or other paper is
signed in violation of this rule, the Commission, upon motion or upon its own initiative, shall impose upon
the person who signed it, a represented party, or both, an appropriate sanction, which may include an
order to pay to the other party or parties the amount of the reasonable expenses incurred because of the
filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
--SOURCE: Modeled after Rule 11 of the Federal Rules of Civil Procedure.
--RULES (4 CCR) 723-1-12 THROUGH 723-1-18 [RESERVED FOR FUTURE USE]
RULE (4 CCR) 723-1-19 NOTICE OF GENERAL, TECHNICAL, OR SCIENTIFIC FACTS.
A presiding officer may take notice of general, technical, or scientific facts within the presiding officer's
knowledge, but only if the fact so noticed is specified in the record or is brought to the attention of the
parties before final decision and every party is afforded an opportunity to controvert the fact so noticed.
--SOURCE: § 24-4-105(8), C.R.S.
--RULE (4 CCR) 723-1-20 PARTIES - NON-PARTIES.
723-1-20(a) Classes of Parties. A party to a Commission proceeding is a person or entity who has
instituted a proceeding; an intervenor as a matter of right; a permissive intervenor; or a
respondent to a proceeding. Staff of the Commission is a party to any proceeding in which it files
an entry of appearance and notice of intervention, or is allowed to intervene in accordance with
Rule 64 of these rules.
(b) Nomenclature of Parties. A party to a proceeding before the Commission shall be styled:
(1) Applicant - one who has applied to the Commission for a grant of authority.
(2) Petitioner - one who has requested affirmative Commission relief.
(3) Intervenor - one who has filed an entry of appearance and notice of intervention as a matter
of right (including the Staff of the Commission), or one who has been granted permission
to intervene by the Commission.
(4) Complainant - one who has filed a formal complaint with the Commission in accordance with
Rule 61 and § 40-6-108, C.R.S.
(5) Respondent - one against whom a formal complaint has been filed or against whom a
proceeding has been started by the Commission under Rule 73 and § 40-6-108, C.R.S.
(c) Non-Parties. A non-party is:
(1) Person, such as a witness in a proceeding, amicus curiae, and a person who files a protest or
objection to notices of filings issued by the Commission or public utilities, unless the
person becomes an intervenor in accordance with Rule 64(a).
(2) A person who desires to assist the Commission in arriving at a just and reasonable
determination of a proceeding, and who has been permitted by order of the Commission
to participate in the proceeding as an amicus curiae. An amicus curae may present legal
argument only, either orally or in writing as permitted by the Commission.
--SOURCE: Rule 7, 1970 ed.; Rule 20, 1987 ed.
--RULE 21 Representation of Parties - Withdrawal of Attorneys
(a) Representation by Attorney. A party to a proceeding, other than an individual appearing in accordance
with subsection (b) of this section, may be represented only by an attorney at law, currently in
good standing before the Supreme Court of the State of Colorado, or in the Commission's
discretion, by an attorney at law, currently in good standing before the highest tribunal of another
state as authorized in Rule 121, Section 1-2 and Rule 221 C.R.C.P.
(b) Participation by Non-Attorneys.
(1) Pro se Representation. An individual who is a party to a Commission proceeding and who
wishes to appear pro se may represent only his individual interest in the proceeding.
723-1-21(b)(2) Closely Held Corporations. An individual may appear on behalf of a closely held
corporation, only as provided in § 13-1-127, C.R.S.
723-1-21(b)(3) Filing Routine Forms. A non-attorney may act on behalf of a partnership,
Corporation, Association, or other entity in order to complete forms which do not require
any knowledge and skill beyond that possessed by the ordinarily experienced and
intelligent layman.
723-1-21(b)(4) Expert Witnesses. A non-attorney or attorney may be an expert witness for a
partnership, corporation, association, or other entity when performing services such as,
but not limited to, an economist, engineer, or accountant.
723-1-21(b)(5) Rulemaking. A non-attorney may act on behalf of a partnership, corporation,
association, or other entity in a proceeding involving the adoption of a rule of future action
which affects a group and where no vested rights of liberty or property are at stake.
723-1-21(b)(6) Ratemaking. A non-attorney may act on behalf of a partnership, corporation,
association, or other entity in a proceeding relating to the making or revision of rates,
unless the deprivation of property without due process of law is present.
723-1-21(c) Withdrawal of Attorney. An attorney of record may withdraw from a proceeding only by filing
a motion and notice of withdrawal and by serving a copy on all parties of record, including the
party presented by the attorney. The notice shall contain the last known address of the party
represented by the attorney and a list of all pending hearing dates. Objections to a motion and
notice of withdrawal shall be filed within ten days after the motion has been properly served, and
the motion shall not be ruled upon until the objection period has expired.
--SOURCE: Rule 9, 1970 ed.; Rule 21, 1987 ed.
--RULE (4 CCR) 723-1-22. PLEADINGS
723-1-22(a) Title. Pleadings before the Commission are applications, petitions, complaints, answers,
notices, interventions, motions, statements of position, briefs, exceptions, applications for
rehearing, reargument, or reconsideration, responses to pleadings, and proposed orders required
by paragraph (c) of this rule. Pleadings related to telecommunications applications will follow the
process detailed in 4 CCR 723-25 as applicable.
723-1-22(b) Responses to Pleadings. A response may only be filed to: applications, petitions, complaints,
motions, statements of position, briefs, and exceptions. A response shall be filed with the
Commission within 14 days after the pleading to which it responds was mailed to all parties of
record as shown in the certificate of mailing. The Commission, upon filing of a motion showing
good cause, filed within the 14-day response time, or upon its own motion, may enlarge or
shorten the time for filing a response. Upon a finding that time is of the essence, the Commission
may waive response time and may act on a pleading, notwithstanding the provisions permitting a
responsive pleading. No responsive pleading may be filed to answers, interventions, notices,
responses, or applications for rehearing, reargument or reconsideration.
723-1-22(c) Proposed Orders. A party filing a pleading seeking action by the Commission shall submit a
proposed order in a format approved by the Commission granting the action, if requested by the
Commission.
723-1-22(d) Form, Content, Size and Filing of Pleadings.
723-1-22(d)(1) Form and Size. Pleadings shall be typewritten in standard-size elite or pica type,
10 or 12 characters to the inch, on 8 1/2' x 11' white bond paper or on an electronic
medium as provided by the Commission. All pleadings shall be double-spaced, with oneinch margins at the top, bottom, and both sides of each page. No pleading shall be more
than 30 pages in length, including attachments, except where the attachments are
required by a rule and exceed 30 pages or unless otherwise ordered by the Commission.
However, the cover sheet, table of contents, certificate of mailing, copies of cases or
authorities cited, and copies of a decision which may be the subject matter of the
pleading shall not be included when determining the 30-page limitation.
723-1-22(d)(2) Content. A pleading shall identify the proceeding by caption and docket number,
and shall state the title of the pleading, the relief sought, a clear and concise statement of
the matters relied upon as a basis for the pleading, and the name, address, and
telephone number of the party or the party's attorney.
723-1-22(d)(3) Cases or Authorities Cited. If a pleading refers to new court cases or other
authorities not readily available to the Commission, six copies of each case or other
authority shall be filed with the pleading.
723-1-22(d)(4) Signature and Verification. A pleading of a party represented by an attorney shall
be signed by the attorney, and shall state his address, telephone number and attorney
registration number. A pleading of a party not represented by an attorney shall be signed
by a person with authority to bind the party, and shall state his title, address and day time
telephone number. The signature of an attorney is a certification by him that he has read
the pleading; that to the best of his knowledge, information and belief there are good
grounds to support it; and that it is not interposed for purposes of delay. An application
need not be verified unless the Applicant desires that it be processed as a noncontested
or unopposed proceeding without a hearing under Rule 24. Other pleadings need not be
verified.
723-1-22(d)(5) Certificate of Service. Proof of service under § 40-6-108(3), C.R.S., of any
pleading or document filed by a party, shall be shown on all pleadings or filed documents
by a certificate of service. Any pleading or document, which must also be served on other
parties, and which does not contain a certificate of service when filed, or whose certificate
of service omits counsel of record for a party will be presumed not to have been served
on other parties or on all counsel of record. This presumption may be overcome by
evidence of proper service.
723-1-22(d)(6) Filing of Pleadings. All pleadings must be filed at the Commission either by hand
delivery, by mail, or by facsimile. Pleadings transmitted by facsimile for purposes of filing
shall be followed by filing the original and number of copies required by this rule within
one business day.
723-1-22(e) Amendments to Pleading.
723-1-22(e)(1) The Commission may permit any pleading to be amended or supplemented in
accordance with C.R.C.P. 15.
723-1-22(e)(2) No restrictive amendment to an application shall be permitted except on written
motion. Any motion that is filed more than 15 days before the first day of a hearing shall
be ruled upon before the hearing. Any motion that is filed less than 15 days before the
first day of a hearing may be ruled upon before the hearing.
723-1-22(e)(3) No amendment enlarging an application shall be allowed except upon written
motion. If the Commission grants a motion to enlarge an application, it shall be renoticed
by the Commission.
723-1-22(f) Number of Copies. Unless otherwise ordered, the number of copies of pleadings to be filed
are:
(1) Applications:
(A) Fixed Utilities as defined in Rule 4(b)(5) - Original and 15 copies.
(B) Transportation Utilities as defined in Rule 4(b)(18) - Original and eight copies.
(C) Application to only register interstate motor carrier operating authority - original only.
(2) Interventions: original and six copies.
(3) Formal Complaints: original and one copy plus one copy for each named Respondent.
(4) All Other Pleadings:
(A) Fixed Utilities as defined in Rule 4(b)(5)- Original and 15 copies, unless the matter is
assigned to an administrative law judge, in which case original and eight copies.
(B) Transportation utilities as defined in Rule 4(b)(18) - Original and eight copies, unless
the matter is assigned to an administrative law judge, in which case original and
four copies.
723-1-22(g) Pleadings Not in Compliance. Any pleading or document presented for filing, which
substantially fails to comply with the requirements of this rule, may be subject to a motion to strike
or motion to dismiss in accordance with Rules 11 and 12, C.R.C.P., or a motion seeking other
appropriate relief.
--SOURCE: Rules 11, 1970 ed., Rule 22, 1987 ed.
--723-1-22(h)
723-1-22(h)(1) Voluntary Dismissal of Applications By Applicant. An applicant may withdraw or
dismiss an application upon notification to the Commission prior to 45 days before the
first day of hearing. A withdrawal or dismissal within this period of time shall be without
prejudice. An applicant may withdraw or dismiss its application during the 45-day period
preceding. the commencement of the hearing only upon motion and approval by the
Commission. In ruling upon a motion for dismissal or withdrawal, the Commission shall
consider whether good cause for dismissal or withdrawal is stated, and whether other
parties would be prejudiced.
723-1-22(h)(2) Voluntary dismissal of Applications Upon Less Than 30 days' Notice. An
application for approval of changes to the tariff of any public utility, including changes to
rates, fares, tolls, rentals, charges or classification, pursuant to section 40-3-104, C.R.S.
(upon less than 30 days' notice) may be voluntarily withdrawn or dismissed by the
applicant at any time before approval of such application by the Commission.
723-1-22(h)(3) Dismissal or withdrawal of Tariffs and Advice Letters. Any advice letter or other
filing stating a change to, including additions, the tariff of any public utility may be
voluntarily withdrawn upon notification to the Commission, if such advice letter or other
filing has not yet been set for hearing and suspended by the Commission. After
suspension, a filing stating any change to a tariff may be dismissed or withdrawn by the
filing utility only upon motion and approval by the Commission. In ruling upon a motion for
dismissal or withdrawal, the Commission shall consider whether good cause is stated,
and whether other parties would be prejudiced by such dismissal or withdrawal.
RULE (4 CCR) 723-1-23. FEES - REMITTANCES.
723-1-23(a) Fees and Remittances. Any fee or other remittance due to the Commission shall be payable
by cash, check. or money order payable to The Public Utilities Commission of the State of
Colorado.
723-1-23(b) Fixed Utilities and Air Carriers. No filing or issuance fee is required of any fixed utility or air
carrier.
723-1-23(c) Motor Carriers.
723-1-23(c)(1) The fees for an application for a certificate of public convenience and necessity to
operate as a motor vehicle common carrier, or for a permit to operate as a motor vehicle
contract carrier, or to extend an existing certificate or permit, or to assign, lease, or
transfer a certificate or permit (including applications seeking approval of management
agreements), or annual identification fee required by § 40-2-110.5, C.R.S., for every
vehicle owned, controlled, operated, or managed by a motor vehicle common or contract
carrier, shall be as follows:
(A) Applications for Intrastate Authority:
Filing fee
Issuance fee
$35.00
5.00
(B) Applications for Interstate Registration:
Filing and issuance fee
20.00
(C) Application for Transfer or Lease:
Intrastate authority
Interstate authority
35.00
5.00
(D) Annual identification fee:
Per vehicle (valid from
February 1 through
January 31 of the
following year)
5.00
723-1-23(c)(2) The fee for an application to sell or transfer the capital stock of a corporation
owning or controlling a certificate or permit is:
Intrastate
Interstate
$35.00
5.00
(3) No fee is required for the filing of an application to suspend, modify abandon or encumber an
existing authority, for an application seeking an order to allow publication of rates on less
than statutory notice (LSN), for an application seeking waiver of Commission rules, or for
a declaratory order.
(d) Reproduction and Certification of Public Records. The fee for reproduction of public records is found
at § 40-6-105, C.R.S.
RULE 24 Noncontested - Unopposed Proceedings
(a) General. For any matter that is noncontested and unopposed under § 40-6-109(5), C.R.S., and a
hearing is not requested, the matter may be determined by the Commission under its modified
procedure as defined in Rule 4(b)(9) without a hearing and without further notice. A verified
statement (affidavit) stating sufficient facts, together with verified exhibits which adequately
support the filing must be filed within ten days after the matter had been designated to be
determined under the Commission's modified procedure. The verified statement, affidavits, and
exhibits shall be signed under oath by the person having knowledge of the stated facts, but do not
have to be notarized. The statements, affidavits, and exhibits may be verified by the following
oath, appearing above the signature line. “Under the penalties of perjury, I declare that all
statements made herein are true and complete to the best of my knowledge. I understand that
any statement made in violation of this oath shall constitute grounds for the dismissal of my
application, or revocation of any authority granted.” If no verified statement, affidavits, and
supporting exhibits have been filed within ten days after the matter has been assigned to modified
procedure, the matter will be set for hearing and shall not be determined under the Commission's
modified procedure unless good cause is stated for the failure to file the necessary verified
statements, affidavits, and exhibits within the ten-day period.
(1) An intervention will not be deemed to be a contest or opposition to a proceeding unless a
statement specifying the grounds for the contest or opposition is included with the entry
of appearance and notice of intervention or petition to intervene filed pursuant to Rule 64.
(b) Withdrawal of Contest or Opposition. If all parties withdraw before completion of a hearing, the matter
may be determined as a noncontested or unopposed proceeding under Rule 24(a).
(c) Applicability of Other Provisions. A noncontested or unopposed proceeding shall be subject to all
applicable provisions of these Rules and to all applicable provisions of The Colorado Revised
Statutes.
--SOURCE: Rule 17, 1970, ed.; Rule 24, 1987 ed.
--RULE (4 CCR) 723-1-25. ANNUAL REPORTS - UNIFORM SYSTEM OF ACCOUNTS.
PRESERVATION OF RECORDS
723-1-25(a) Regulated Entities - General Rules.
723-1-25(a)(1) Each entity operating in Colorado over which the Commission has jurisdiction
except transportation utilities regulated pursuant to title 40, articles 10, 11, 13, and 16,
shall file with the Commission, on or before April 30 of each year, an annual report for the
preceding calendar year. The annual report shall be submitted on a prescribed form(s)
and/or supplement(s) supplied by the Commission; shall be properly filled out; and shall
be verified and signed by a proprietor, an officer, a partner, an owner, or an employee, as
appropriate, who is authorized to act on behalf of the entity submitting the report. If the
entity is granted an extension of time to file its annual report, it is still required to provide
to the Commission, on or before April 30, its total gross operating revenue from intrastate
utility business transacted in Colorado for the preceding calendar year. The entity also
shall file additional reports as required by the Commission. If the entity publishes an
annual report or an annual statistical report to stockholders, other security holders or
members, or receives an annual certified public accountant's report of its business, the
utility also shall file one copy of such reports with the Commission within 30 days after
publication or receipt of such report.
723-1-25(a)(2) For each fixed utility operating in Colorado, the Commission shall determine
depreciation for book purposes by applying the straight-line method of depreciation,
unless otherwise authorized by the Commission.
723-1-25(b) Fixed Utilities - Electric, Gas and Water Utilities - Systems of Accounts - Preservation of
Records.
723-1-25(b)(1) Each electric utility operating in Colorado shall maintain its books of account and
records under the Uniform System of Accounts prescribed for Public Utilities and
Licensees, Classes A and B, and Class C, by the Federal Energy Regulatory
Commission (FERC) or its successor regulatory agency. A rural electric cooperative may
not use the FERC Uniform System of Accounts where this system does not apply for the
recording of certain financial and operating transactions of the cooperative and where
accounts are not provided in the FERC System of Accounts. A rural electric cooperative,
which does not use the FERC accounting system. shall use the accounting required of
borrowers by the Rural Electrification Administration (REA) or its successor agency.
723-1-25(b)(2) Each gas utility operating in Colorado shall maintain its books of account and
records under the Uniform System of Accounts prescribed by FERC for Natural Gas
Companies, Classes A and B, and Class C.
723-1-25(b)(3) Each water utility operating in Colorado shall keep its books of account and
records under the Uniform System of Accounts as adopted by the National Association of
Regulatory Utility Commissioners (NARUC) or its successor organization, to the extent
required by the Commission.
723-1-25(b)(4) Preservation of records by electric and gas utilities shall be under the FERC
Regulations which Govern the Preservation of Records of Public Utilities and Licensees
and of Natural Gas Companies. Preservation of records of water utilities shall be under
NARUC Regulations which Govern the Preservation of Records of Water Utilities.
723-1-25(c) Fixed Utilities - Telecommunications Service Providers - System of Accounts - Preservation
of Records.
723-1-25(c)(1) Except as specifically provided by Commission rule, each telecommunications
service provider shall maintain its books of accounts and records using Generally
Accepted Accounting Principles (GAAP).
723-1-25(c)(2) Incumbent telecommunications service providers as defined in 4 CCR 723-392.10 shall use the Uniform System of Accounts (USOA) prescribed for Common Carriers,
Classes A and B, and Class C, by the Federal Communications Commission (FCC) or its
successor regulatory agency.
723-1-25(c)(3) For all providers exempt from USOA requirements, the books-of-accounts and
records system used shall be capable of generating Colorado intrastate-specific
information upon request as shall allow for review and determination by the Commission
of compliance with standards relating to cross-subsidization and separations, or other
standards set forth in Commission order, rule, or applicable statutes.
723-1-25(c)(4) Preservation of records of telephone and telegraph companies shall be in
accordance with the FCC Regulations which govern the preservation of records of
common carriers.
723-1-25(d) [RESERVED FOR FUTURE USE]
723-1-25(e) Fixed and Transportation Utilities - Pipeline Companies.
723-1-25(e)(1) Each oil products and natural gas pipeline company operating in Colorado
intrastate commerce shall maintain its books of account and records in accordance with
the Uniform System of Accounts prescribed by FERC, as published in Title 49 of the
Code of Federal Regulations, Part 1204.
723-1-25(e)(2) The annual report of a pipeline company shall be filed on a commission-supplied
form, properly completed and verified, on or before April 30 of the following year.
(f) Transportation Utilities - General Rules.
(1) All transportation utilities shall file an annual report on a Commission-supplied form, with the
Commission on or before April 30 of the following year. All sections of the annual report
applicable to the carrier shall be completed for the 12-month period ending on December
31 of each year, along with any other information required by the Commission. A carrier
operating in both interstate and intrastate commerce shall completely report on all
interstate and intrastate business performed, including both interstate and intrastate
business, in the same manner as required of a carrier operating solely in intrastate
commerce. If the annual report required by a federal regulatory agency is in substantially
the same form as required by this Rule, a copy of the Federal report filed with this
Commission, in the time prescribed above, shall be in compliance with this Rule.
(2) The annual report shall show the name and trade name (doing business as), if any, as shown
in the records of the Commission for its common carrier certificates and contract carrier
permits. The annual report shall show all certificate and permit numbers for which the
report applies. Separate persons must file separate reports.
(3) When a permanent transfer of authority is granted, the transferor shall complete a terminating
annual report.
(4) The certification of an annual report shall be signed by the owner, partner, or corporate officer
of the transportation utility.
(g) Transportation Utilities - Railroads and Express Companies.
(1) For purposes of this Rule, railroads and express companies shall be classified as follows:
(A) Class I: A carrier having gross operating revenues, both interstate and intrastate, of
$50,000,000 or more annually from carrier operations.
(B) Class II: A carrier having gross operating revenues, both interstate and intrastate, of
$10,000,000 but less than $50,000,000 annually from carrier operations.
(C) Class III: A carrier having gross operating revenues, both interstate and intrastate, of
less than $10,000,000 from carrier operations.
(2) Each railroad and express company operating in the State of Colorado in intrastate
commerce shall maintain its books of account and records in accordance with the
Uniform System of Accounts prescribed by the ICC.
(h) Transportation Utilities - Motor Vehicle Carriers (Common and Contract).
(1) For purpose of this Rule, property motor carriers shall be classified as follows:
(A) Class I: A carrier having gross operating revenues, both interstate and intrastate, of
$5,000,000 or more annually from motor carrier operations.
(B) Class II: A carrier having gross operating revenues, both interstate and intrastate, of
less than $5,000,000 but more than $1,000,000 annually from motor carrier
operations.
(C) Class III: A carrier having gross operating revenues, both interstate and intrastate, of
$1,000,000 or less but more than $75,000 annually from motor carrier
operations.
(D) Class IV: A carrier having gross operating revenues, both interstate and intrastate, of
$75,000 or less annually from motor carrier operations.
(2) For purpose of this Rule, passenger motor carriers shall be classified as follows:
(A) Class I: A carrier having gross operating revenues, both interstate and intrastate, of
$3,000,000 or more annually from passenger motor carrier operations.
(B) Class II: A carrier having gross operating revenues, both interstate and intrastate, of
less than $3,000,000 but more than $500,000 annually from passenger motor
carrier operations.
(C) Class III: A carrier having gross operating revenues, both interstate and intrastate, of
$500,000 or less, but more than $75,000 annually from passenger motor carrier
operations.
(D) Class IV: A carrier having gross operating revenues, both interstate and intrastate, of
less than $75,000 annually from passenger motor carrier operations.
(3) Motor vehicle common and contract carriers operating in intrastate commerce in Colorado
shall use the following systems of accounts:
(A) A Class I and Class II property motor carrier shall use the Uniform System of
Accounts prescribed by the ICC for Class I or Class II property motor carriers
respectively, as published in Title 49 of the Code of Federal Regulations.
(B) A Class III and Class IV property motor carrier shall use the Uniform System of
Accounts prescribed by the ICC for Class II property motor carriers to the extent
applicable to these property motor carriers.
(C) A Class I passenger motor carrier shall use the Uniform System of Accounts
prescribed by the ICC for Class I passenger motor carriers, as published in Title
49 of the Code of Federal Regulations.
(D) Class II, Class III and Class IV passenger motor carriers shall use the Uniform
System of Accounts prescribed by the ICC for Class I passenger motor carriers
to the extent applicable to these carriers.
(i) Transportation Utilities - Aircraft Common Carriers. Each non-exempt common carrier by aircraft
operating in intrastate commerce in Colorado shall keep its books of account and records in
accordance with the Uniform System of Accounts prescribed by the Civil Aeronautics Board
(CAB) or any successor agency, to the extent applicable. An annual report shall be filed on a
Commission- supplied form, by the carrier with this Commission on or before April 30 of the
following year. All sections of the annual report applicable to the carrier shall be completed. Any
additional information required by the Commission also shall be furnished. If the carrier publishes
an annual report to stockholders or other security holders, the carrier shall file one copy with this
Commission within 30 days after publication or receipt.
(j) A transportation utility carrier's class shall be determined by annual carrier operating revenue. If at the
close of any calendar year any carrier's annual operating revenue is greater or less than the
maximum or minimum of its class, the carrier shall adopt the accounting and reporting system
requirements of the higher or lower applicable class for the following year.
--SOURCE: Prior Rule 27.
--RULE 26
Any fixed utility which is also subject to the jurisdiction of the Federal Communications Commission or the
Federal Energy Regulatory Commission shall submit to the Chief of Fixed Utilities on a monthly basis a
list of all filings made with such federal agencies. The list shall contain the caption or title of the document,
the date it was filed, and the agency where it was filed. The utility shall provide a copy of any document
listed upon request of the Chief of Fixed Utilities.
Rules 27–29—Reserved for Future Use
RULE 30 Tariffs - Powers of Attorney - Concurrences of Transportation Utilities
(a) Tariffs. A transportation utility operating in Colorado intrastate commerce shall file, and keep on file
with the Commission, tariffs showing all rates, tolls, rentals, charges, and classifications collected
or enforced, or to be collected or enforced, together with all rules, regulations, contracts,
privileges, and facilities which in any manner affect or relate to rates, tolls, rentals, classifications,
or service. Filed tariffs shall conform to Tariff Circular No. 1 (Appendix A) and shall be filed with
the Commission with a letter of transmittal. Form M may be used for this purpose.
(b) Powers of Attorney. A transportation utility may appoint an attorney or agent to issue, file, amend,
adopt or concur in a tariff, by filing a power of attorney with the Commission. Form H shall be
used for this purpose. All transportation utilities assume full responsibility for the actions of their
attorneys or agents.
(c) Concurrence. A transportation utility may concur in the filed tariffs of another transportation utility by
filing a concurrence with the Commission. Form O shall be used for this purpose.
RULE 31 Tariffs - Time Schedules of Common Carriers - Hearing and Suspension - Objections Notice
(a) Applicability. This Rule governs the initial filing and the changing of tariffs and time schedules of
common carriers, as defined in § 40-1-102(3), C.R.S., operating in Colorado intrastate
commerce. This rule should be read with Tariff Circular No. 1, Appendix A. This Rule does not
apply to curtailment or abandonment of service or facilities, which are governed by Rule 5 of the
Commission's Rules and Regulations Governing Common Carriers by Motor Vehicle.
(b) Definitions. As used in this Rule:
(1) Tariff means a publication containing a list of the participating carriers (if a joint tariff), an
index of articles, a list of towns for which rates are named, with schedules showing all
rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected
and enforced, together with all rules, regulations, contracts, privileges, and facilities which
in any manner affect or relate to rates, tolls, rentals, classifications, or service.
(2) Rate means any rate, fare, toll, rental or charge.
(3) Increase in rates or general increase, or similar terms, include tariff rules and regulations
which have the effect of increasing any charge of a common carrier. These terms do not
include changes in the National Motor Freight Classification or the Uniform Freight
Classification.
(4) Initial rate means a rate for service not previously offered or provided by a common carrier.
(c) Initial Tariff Filings. When any common carrier proposes to file an initial tariff, unless the Commission
otherwise orders, the filing shall be consistent with the terms and conditions established in the
decision of the Commission granting the carrier initial operating authority.
(d) Changes in Tariffs or Time Schedules Upon 30-Days' or More Notice. If a common carrier proposes to
change a tariff or time schedule, unless the Commission otherwise orders under Rule 31(f), the
carrier shall give at least 30-days' notice to the Commission and to the public by filing with the
Commission, and keeping open for public inspection, the changed tariff or time schedule stating
plainly any change to be made in the tariff or time schedule then in force and the time when the
change is proposed to go into effect.
(e) Changes in Rates Prescribed Under Case No. 1585. If the Commission, after investigation of a
change proposed by a common carrier in rates prescribed under Case No. 1585 and the
supporting data, and after examination of any interventions, determines that the proposed change
is just and reasonable, may:
(1) At the first open meeting following the deadline for interventions, enter a decision in Case No.
1585 prescribing the proposed change for the initiating common carrier and all other
motor vehicle common carriers in competition with the initiating carrier, providing
substantially the same or similar service.
(2) The decision shall provide that at the expiration of the 30-day notice period, or other effective
date as proposed by the carrier and approved by the Commission, the rate shall become
the prescribed rate, and all common and competing contract carriers, on or before the
effective date, shall file a tariff which brings their tariffs into conformance with the
prescribed rate, and with other applicable rules, including those contained in Case No.
1585.
(f) Changes in Tariffs or Time Schedules Upon Less Than 30-Days' Notice. An application for permission
to change a tariff or time schedule upon less than 30-days' notice shall be signed by an officer
authorized to file tariffs or time schedules and shall be as in Form B.
(1) For good cause shown, the Commission may allow a change in a tariff or time schedule on
less than 30-days' notice by entry of a decision setting forth the change to be made, the
time when the change shall take effect, and the manner in which the change shall be filed
and published.
(2) When it is proposed to change a tariff or time schedule for two or more common carriers, the
application shall be in the same form as prescribed for individual carriers, except the
application shall state that it is made on behalf of all common carriers that are parties to
the tariff or time schedule involved.
(g) Information to be Submitted. A common carrier which proposes to change a tariff or time schedule
shall concurrently file the proposed change and a statement setting forth all the circumstances,
conditions and data relied upon in justification of the proposed change. If a general increase or
decrease in rates is proposed, the following data shall be submitted in exhibit form:
(1) The amount or percentage of the proposed increase or decrease;
(2) A statement setting forth all the circumstances, conditions and data relied upon in justification
of the proposed change; and
(3) A statement of any prior Commission or ICC action or the action of any other state
commission in any proceeding relating to either the current or proposed rate.
(h) Hearing - Suspension. When a common carrier files a tariff or time schedule which has the effect of
establishing a new or changed rate, classification, contract, practice, rule or reg- ulation, the
Commission, upon notice, may hold a hearing concerning the propriety of the tariff or time
schedule if the Commission believes that a hearing is required and that the tariff or time schedule
may be improper. Pending hearing and decision, the new or changed tariff or time schedule shall
not go into effect; but the period of suspension shall not extend more than 120 days beyond the
proposed effective date set forth in the tariff or time schedule unless the Commission, by separate
decision, extends the period of suspension for an additional 90 days.
(i) Objections to Changes in Tariffs or Time Schedules.
(1) An objection shall identify the tariff or time schedule proposed to be changed by reference to
the name of the publishing carrier or agent, to the publisher's tariff page or time schedule
number, the Colorado PUC number, and the item or provision. The objection shall state
the way the tariff or time schedule is considered improper and shall be filed with the
Commission.
(2) Unless otherwise ordered by the Commission, an objection shall not be considered unless it
is made in writing and is filed with the Commission at least 10 days before the proposed
effective date of the tariff or time schedule. A telegraphic objection may be sent to the
Commission and to the publishing carrier or agent stating the grounds relied upon, but
any telegraphic objection shall be confirmed within three days of Commission receipt, by
written objection. If the Commission sets or suspends and sets any tariff for hearing, any
entity desiring to contest the tariff and participate as a party must intervene under these
rules.
(j) Notice to Public. In addition to the Notice required by Rule 31(d), a common carrier shall give notice to
the public as follows:
(1) A common carrier of property or its authorized tariff publishing agent filing for an increase in
rates shall publish notice in a newspaper as provided in Rule 31(j)(1) (A) through (C). The
notice shall be as in Form N.
(A) Notice of general increases or increases affecting large areas of the state shall be
published in a newspaper having general circulation as defined in Rule 4(b)(10)
of these Rules or in one or more local newspapers as defined in Rule 4(b)(8).
(B) Notice of increases affecting a single town or localized area shall be published in one
or more local newspapers as defined in Rule 5(b)(6).
(C) Notice of increases may be made by mailing or delivering a written notice to each
person, in lieu of publication.
(D) Each carrier or its authorized tariff publishing agent shall file with the Commission a
copy of the newspaper notice, or a copy of the written notice as indicated in Rule
31(j)(1)(C), concurrently with the filing of the tariff.
(E) The carrier also shall furnish the name of the newspaper in which publication is to be
made, or shall certify in writing that a true copy of the written notice has been
mailed or delivered to each affected person, and shall attach a list of the names
and addresses of the persons. Within ten days after the filing of the tariff, a copy
of the actual newspaper notice shall be filed with the Commission.
(2) A common carrier of passengers or package or parcel express transported by passenger
vehicle shall post in a prominent public place in each terminal facility and office of the
carrier a printed notice of any proposed tariff revision or time schedule change
concurrently with the filing of the revision or change, or in the case of the filing of an
application seeking a change on less than 30-days' notice, concurrently with the filing of
the application.
(A) The printed notice shall advise the public of the proposed change, the proposed
effective date, that a written objection to the proposed change may be filed with
the Commission, the date for filing objections, and the Commission's address
where objections may be filed.
(B) The printed notice shall advise the public that the effective date of the proposed
change may be suspended by the Commission, and if suspended that a hearing
shall be held.
(C) The printed notice shall advise the public that the filing of a written objection will not
allow a party to participate in the proceeding and that parties may only participate
by filing a written intervention, and that any affected person may request notice of
hearing from the Commission.
(D) Concurrently with the filing of the changed tariff a passenger carrier also shall post a
copy of the printed notice in a conspicuous place in the passenger compartment
of each vehicle used in the transportation of passengers affected by the
proposed change. The printed notice shall be as in Form P for Rate Increase
changes or Form Q for Time Schedule.
(3) If a tariff revision results in an increase in rates or charges, a passenger carrier or its
authorized tariff publishing agent, in addition to the above, shall give notice as required
by Rule 31(j)(1)(A) through (C).
(4) Each carrier or its authorized tariff publishing agent shall file with the Commission a copy of
the proposed newspaper notice concurrently with the filing of the tariff, and within ten
days after the filing of the tariff, a copy of the actual newspaper notice, and affidavit of
publication.
(5) Passenger motor carriers operating in intrastate commerce over interstate routes filing time
schedule changes must give notice to this Commission 30 days prior to the effective date,
by filing the changes with the Commission, and the notice provisions of Rule 31(j)(2) will
not apply.
(6) Any shipper or passenger affected by a change proposed under this Rule may request in
writing notice of hearing. If a hearing is scheduled, the Commission shall mail to that
person a copy of the requested notice or the Commission Decision setting the matter for
hearing, to the address in the written notice. Any shipper or passenger filing an
intervention shall be mailed a copy of the notice of hearing or the Commission Decision
setting the matter for hearing.
(7) Orders authorizing changes in rates on less than 30-days' notice by special Commission
permission shall not be subject to the provisions of Rule 31(j) except as provided in the
Order.
--SOURCE: Prior Rule 19.
--RULE 32 Tariffs of Contract Carriers - Hearing and Suspension - Intervention
(a) Applicability. This Rule governs the initial filing and the changing of tariffs of contract carriers, as
defined in § 40-11-101(3), C.R.S., operating in Colorado intrastate commerce, and should be
read in conjunction with Tariff Circular No. 1, Appendix A.
(b) Definitions. As used in this Rule:
(1) Tariff means a publication containing an index of articles, a list of towns for which rates are
named, with schedules showing all rates, tolls, rentals, charges, and classifications
collected or enforced, or to be collected and enforced, together with all rules, regulations,
contracts, privileges, and facilities which in any manner affect or relate to rates, tolls,
rentals, classifications, or service.
(2) Rate means any rate, fare, toll, rental or charge.
(3) Increase in rates, general increase, or similar terms, includes tariff rules and regulations
which have the effect of increasing any contract carrier charge. These terms do not
include changes in the National Motor Freight Classification or the Uniform Freight
Classification.
(4) Initial rate means a rate for service not previously offered or provided by a contract carrier.
(c) Initial Tariff Filings. When any contract carrier proposes to file an initial tariff, unless the Commission
otherwise orders, the filing shall be consistent with the terms and conditions established in the
Commission's Decision granting the carrier initial operating authority.
(d) Changes in Tariffs Upon One-Day or More Notice. If a contract carrier proposes to change a tariff, the
carrier shall give at least one-day's notice to the Commission and the public by filing with the
Commission, and keeping open for public inspection, the changed tariff which states plainly any
change to be made in the tariff then in effect and the time when the change is proposed to go into
effect.
(e) Hearing-Suspension. When a contract carrier files a tariff, the Commission, upon notice, may hold a
hearing concerning the propriety of the tariff if the Commission believes that a hearing is required
and that the tariff may be improper. Pending hearing and decision, the tariff shall not go into
effect; but the period of suspension shall not extend more than 120 days beyond the proposed
effective date set forth in the tariff, unless the Commission, by separate decision, extends the
period of suspension for an additional 90 days.
(f) Intervention to Changes in Tariffs. If the Commission suspends and sets, or sets any tariff for hearing:
(1) A notice of intervention or motion to intervene shall identify the tariff proposed to be changed
by making reference to the name of the publishing carrier or agent, to the publisher's tariff
page number and the Colorado PUC number, and to the item or provision for which
intervention is had or requested. The intervention shall state the grounds in support and
indicate in what respect the tariff is considered to be improper. The filed intervention
pleadings shall conform to Rule 22 and a copy shall be served simultaneously upon the
publishing carrier or agent.
(2) Unless otherwise ordered by the Commission, a notice of intervention or motion to intervene
shall not be considered unless it is made in writing and filed with the Commission within
the time period prescribed by Rule 64(c)(1) and (3). A telegraphic notice of intervention or
motion to intervene may be sent to the Commission and to the publishing carrier or agent
stating the grounds relied upon, but the telegraphic notice of intervention or motion to
intervene shall be confirmed within three days after receipt by the Commission, by written
entry of appearance and notice of intervention, or motion to intervene, as provided by
Rule 32(f)(1) and other applicable rules.
(g) Applicability of Other Provisions. In addition to the requirements of this Rule, contract carriers shall
comply with the Commission's Rules and Regulations Governing Contract Carriers by Motor
Vehicle pertaining to tariffs.
--SOURCE: New.
--RULE 33 Adoption Notice When Name or Control of a Transportation Utility Changes
(a) When control of a transportation utility is transferred to another transportation utility, or the name is
changed for any reason, the transportation utility which will afterwards operate under the
certificate or permit shall file with the Commission, post in a prominent public place in each
terminal facility and office of the utility, and have available for public inspection at each facility and
office, in the form of a tariff numbered in its P.U.C. series, an adoption notice as in Form G.
(b) In addition to the above adoption notice, the adopting transportation utility shall immediately file and
post as required by Rule 33(a)(1), consecutively numbered supplements to each of the effective
tariffs or time schedules issued or adopted by its predecessor.
(c) When authority is granted for a transportation utility to assume temporary control of the operations of
another transportation utility, the assuming utility shall file an adoption notice in the name
specified in the temporary authority decision and otherwise comply with the provisions of this rule.
(d) If the temporary authority to assume operating control is not made permanent, the original
transportation utility shall file an adoption notice reassuming permanent control of the operations
and otherwise comply with all of the provisions of this rule. The temporary authority which the
original utility reassumes, expires for the reassuming utility on the effective date in the adoption
notice and supplement.
RULE 34 Rejection of Tariffs and Time Schedules of Transportation Utilities
(a) Contents of Tariffs. Tariffs and time schedules of transportation utilities shall contain such information,
and shall be published, filed, and posted in the form and manner required by the statutes, rules,
regulations, orders, and decisions of the Commission.
(b) Rejection of Tariffs. The Commission may reject any filed tariff or time schedule filed which is not in
the form required by the statutes, rules, regulations, orders, and decisions of the Commission.
Any tariff or time schedule rejected by the Commission shall be void and shall not be used.
(c) Hearings. If the Commission determines that a hearing concerning the propriety of any tariff or time
schedule filed by a transportation utility is required, the Commission may, in lieu of rejection,
suspend the tariff or time schedule as provided by these rules.
RULE 35 Transportation Overcharges and Reparations
(a) Overcharge is a charge for transportation service in excess of the charge applicable for that service
under the tariffs on file with the Commission.
(b) Reparation is a refund of that portion of the charges for transportation service applicable under the
tariffs on file with the Commission in excess of the charges found by the Commission to be lawful
charges.
(c) Actions for Recovery of Overcharges or Reparations by customers shall be by complaint filed against
the transportation utility within two years from the time the cause of action accrues, and not after.
(d) Application for Voluntary Reparation may be filed by the transportation utility within two years from the
time the cause of action accrues. Rule 24 applies.
(e) This rule applies to common and contract carriers by motor vehicle, railroads, and oil products
pipelines.
Rules 36–39—Reserved for Future Use
RULE (4 CCR) 723-1-40. TARIFFS AND PRICE LISTS.
723-1-40.1 Tariffs - Advice Letters - Powers of Attorney - Fixed Utilities.
723-1-40.1.1 Tariffs.
A fixed utility operating in intrastate commerce in the State of Colorado shall file, and keep on file with the
Commission, and also have available for public inspection at its principal place of business during normal
business hours, tariffs showing all rates, tolls, rentals, charges, and classifications collected or enforced,
or to be collected and enforced, together with related advice letters and all rules, regulations, contracts,
privileges, and facilities which in any manner affect or relate to rates, tolls, rentals, classifications, or
service. Filed tariffs shall be as in Form T.
723-1-40.1.2 Advice Letters.
An advice letter, numbered serially as the Commission may direct, shall accompany each tariff filing with
the Commission and shall be as in Form U.
723-1-40.1.3 Powers of Attorney.
A fixed utility may appoint an attorney or agent to issue, file, amend, or adopt a tariff, by filing a power of
attorney with the Commission in the form set forth as Form H. Any fixed utility appointing an attorney or
agent for the above is responsible for the acts of its attorney or agent.
723-1-40.1.4 Number of Copies.
Unless otherwise ordered by the Commission, an original and three copies of each tariff sheet, an original
and 10 copies of each advice letter and three copies of supporting information, if required, shall be filed
with the Commission. The special filing procedures specified in Rule 78 shall be followed when
applicable. However, where a filing is made under a specific Commission Decision, an original and three
copies of each tariff sheet and each advice letter shall be filed. One copy shall be stamped filed and
returned to the utility. An original and one copy of a Power of Attorney, if any, shall be filed.
723-1-40.1.5 Supporting Information to be Submitted with Advice Letters.
The supporting information submitted by a fixed utility to the Commission must contain the information
that the utility asserts will support a conclusion that the tariffs filed with the Advice Letter are just and
reasonable and in accordance with §40-3-101, C.R.S.
723-1-40.1.6 Exemption.
Providers of basic local exchange telecommunications service who have been granted a specific form of
price regulation or relaxed regulatory treatment or are providing service pursuant to the default form of
price regulation in Rule 723-38-3.2.2 may place, for those services and products identified in said Rule, all
rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected and enforced in a
Price List, pursuant to Rule 40.2.
723-1-40.2 Price Lists - Transmittal Letters.
723-1-40.2.1 Applicability.
This Rule 40.2 shall apply to providers of local exchange telecommunications service who have been
granted a specific form of price regulation or relaxed regulatory treatment or are providing service
pursuant to the default form of price regulation established in Rule 723-38-3.2.2.
723-1-40.2.2 Price List.
Each Provider shall transmit to the Commission price lists showing all rates, tolls, rentals, charges, and
classifications collected or enforced, or to be collected and enforced. Price Lists shall be as in Form T.
The initial price list shall be filed upon 30 days notice to the Commission. Changes to a price list shall be
filed upon 14 days notice to the Commission. In calculating the effective date of a price list, the date filed
with the Commission shall not be included. Additionally, the 30th or 14th day must expire prior to the
effective date of the price list.
723-1-40.2.3 Transmittal Letters.
A transmittal letter, numbered serially as the Commission may direct, shall accompany each price list filing
with the Commission and shall be as in Form U.
723-1-40.2.3.1 Notification of (a) promotional offerings and (b) volume discounts shall be submitted to the
Commission as a serially numbered transmittal letter, upon 14 days notice.
723-1-40.2.4 Number of Copies.
Unless otherwise ordered by the Commission, an original and three copies of each transmittal letter, price
list sheet, and any explanatory or supporting material shall be filed with the Commission. One copy shall
be stamped filed and returned to the utility.
RULE (4 CCR) 723-1-41. TARIFFS-APPLICATIONS TO CHANGE TARIFFS BY FIXED UTILITIES HEARING AND SUSPENSION-NOTICE.
723-1-41.1 Applicability. This Rule applies to all fixed utilities as defined in Rule 4(b)(5).
723-1-41.2 Definitions:
723-1-41.2.1 Tariff means a publication containing an index of articles, with schedules showing
all rates, tolls, rentals, charges, and classifications collected or enforced, or to be
collected and enforced, together with all rules, regulation, contracts, privileges, and
facilities which in any manner affect or relate to rates, tolls, rentals, classifications, or
service.
723-1-41.2.2 Rate means any rate, fare, toll, rental or charge.
723-1-41.3 Procedure to Change Tariffs upon 30-Days or More Notice. Any fixed utility proposing to
change any tariff shall give notice in accordance with section 40-3-104, C.R.S. In calculating the
effective date of a tariff change on 30 days notice, the date filed with the Commission shall not be
included. Additionally, the 30th day must expire prior to the effective date of the tariff.
723-1-41.4 Procedure to Introduce a New Service Upon 30-Days or More Notice. Any fixed utility
proposing to introduce any new tariffed service shall provide no less than 30-days notice to the
Commission and to the public by filing with the Commission, and keeping open for public
inspection at each business office of the utility, the new tariff. Said tariff shall plainly state the
nature, terms, conditions, rates, and regulations regarding the new service to be introduced and
the proposed effective date. The Commission may, by order, require the utility to give additional
notice of the proposed new service by publication or mailing.
723-1-41.5 Procedure to Change Tariffs Upon Less than 30 Days Notice.
723-1-41.5.1 Where a fixed utility has made formal application, the Commission, for good cause
shown, under § 40-3-104(2), C.R.S., may grant permission for a change in a tariff to
become effective without formal oral hearing and on less than 30-days' notice. No change
shall become effective unless the Commission orders a change to be made, the time
when it shall take effect, and the manner in which it shall be filed and published.
723-1-41.5.2 A fixed utility, at the time of filing its application to change a tariff upon less than 30
days notice, shall submit the following data in the application or in exhibits:
723-1-41.5.2.1 Details of the change which the utility proposes to put into effect, with a
copy of the proposed tariff.
723-1-41.5.2.2 The tariff which the utility proposes to change, or an adequate summary.
723-1-41.5.2.3 The circumstances and conditions relied upon to justify the change
becoming effective on less than 30-days notice.
723-1-41.5.2.4 Any prior Commission action, in any proceeding, pertaining to the present
or proposed tariff.
723-1-41.5.2.5 Financial data supporting the change, if appropriate.
723-1-41.5.3 Within three days after the filing of the application, the fixed utility shall publish the
application in a newspaper having general circulation, as defined in Rule 4(b)(10), or in
one or more local newspapers, as defined in Rule 4(b)(8).
723-1-41.5.4 Notice shall be as in Form W.
723-1-41.5.5 The fixed utility shall file an affidavit of publication with the Commission, and a copy
of the published notice when received, not later than 30 days following publication.
723-1-41.6 Hearing - Suspension. When a utility files a tariff, the Commission, upon reasonable notice,
may hold a hearing concerning the propriety of the tariff, if the Commission believes that a
hearing is required and that the tariff may be improper.
723-1-41.6.1 Pending hearing and decision, the tariff shall not go into effect. The period of
suspension shall not extend more than 120 days beyond the proposed effective date in
the tariff, unless the Commission, by separate decision, extends the period of suspension
for an additional 90 days.
723-1-41.6.2 The provisions of Rule 41.6 permitting suspension or tariffs shall not apply to
cooperative electric associations.
RULE (4 CCR) 723-1-42. ADOPTION NOTICES WHEN NAME OR CONTROL OF A FIXED UTILITY
CHANGES.
723-1-42(a) Adoption Notice. When control of a fixed utility is transferred to another utility, or the name is
changed, the utility which will afterwards operate under the certificate shall file with the
Commission, post in a prominent public place in each business office of the utility, and have
available for public inspection at each office, in the form of a tariff numbered in its P.U.C. series,
an adoption notice as in Form G.
723-1-42(b) Contents of Adoption Notice. The adoption notice shall contain, to the extent applicable, all
the data, items, and information required by Rule 55(c) or 4 CCR 723-25 as applicable.
RULE (4 CCR) 723-1-43. REJECTION OF TARIFFS OF FIXED UTILITIES.
723-1-43(a) Contents of Tariffs. Tariffs of fixed utilities shall contain such information, and shall be
published, filed and posted in the form and manner required by the statutes, rules, regulations,
orders, and decisions of the Commission.
723-1-43(b) Rejection of Tariffs. The Commission may reject any filed tariff which is not in the form
required by statutes, rules, regulations, orders, and decisions of the Commission. Any tariff
rejected by the Commission shall be void and shall not be used.
723-1-43(c) Hearings. If the Commission determines that a hearing concerning the propriety of any tariff
filed by a utility is required, the Commission may, in lieu of rejection, suspend the tariff as
provided by these rules.
RULES (4 CCR) 723-1-44 THROUGH 49 [RESERVED FOR FUTURE USE]
RULE 50 Applications by Transportation Utilities-Registration of Interstate Operating AuthoritiesDetermination of Applications
(a) Outstanding Operating Authority means an existing operating authority or any portion which is not
under suspension.
(b) General Requirements. This Rule governs applications for:
(1) permanent and temporary authority to engage in operations as a transportation utility;
(2) permanent and temporary approval of acquisition or control of any transportation utility or of
any outstanding operating authority;
(3) consolidation or merger of two or more transportation utilities;
(4) the sale, lease, assignment, or other transfer of any outstanding operating authority; or
(5) the creation of any security interest in any outstanding operating authority.
(c) Format. Each application shall be typewritten and shall conform to this Rule, Rule 22, and any other
applicable Rule. Each application shall contain the information and supporting exhibits required
by the applicable sections of this Rule and also shall conform to all other applicable provisions of
these Rules. Form A contains suggested application forms.
(1) An application filed in the format of form A, and which contains all the information and
supporting exhibits required by this Rule shall be sufficient for the application to be
processed.
(2) The application also may include other pertinent supporting facts. The Staff should be
consulted if assistance is needed in preparing an application.
(d) Copies. An original and three copies of each application shall be filed under Rule 22(e). However,
only the original of an application seeking to only register interstate motor carrier operating
authority need be filed. Additional copies of an application shall be furnished to the Commission
or the Staff upon request.
(e) Applications for Permanent Authority to Operate as a Transportation Utility. An applicant for authority
to operate as a transportation utility shall comply with all applicable provisions of these Rules, and
the application shall contain, to the extent applicable, either in the application or in appropriately
identified attached exhibits:
(1) The name and complete address (street, city, state, and zip code) of applicant, and the name
under which the operation shall be conducted.
(A) If the applicant is a corporation:
(i) a statement of that fact and the name of the state in which it is incorporated.
(ii) Location of its principal office, if any, in this state; and the names of its
directors and officers.
(iii) A certified copy of its Articles of Incorporation or Charter, and a certified copy
of its certificate of assumed trade name, if any.
(B) If the applicant is an out-of-state corporation, a copy of the authority qualifying it to do
business in Colorado shall either accompany the application or be filed with the
Commission as soon as possible after filing the application.
(C) If the applicant is a partnership, the name, title and business address of each
partner, whether general, or limited, and of any trustee, shall be listed.
(2) If the application is granted, no letter of authority will be issued by the Commission until
applicant's authority qualifying it to do business in Colorado is filed.
(3) The name and address of applicant's representative, if any, to whom all inquiries should be
made should be listed in the application.
(4) The application shall contain a complete description of the authority sought, which shall
indicate:
(A) Whether the applicant proposes to operate as a common or contract carrier;
(B) Whether the proposed service will be provided on schedule or on call and demand;
(C) The commodities to be transported or the type of passenger service to be provided;
(D) The route or routes or the points or area to be served;
(E) Any restriction to the proposed servic; and
(F) If a scheduled service is contemplated, a proposed time schedule shall be included
as an exhibit to the application.
(5) The application shall also contain a description of the equipment to be operated in the
proposed operation, if known, showing make and model, year and motor or identification
number of each vehicle, truck, tractor and trailer. If not known, a summary of the number
of units and types of equipment which are proposed to be acquired if the authority is
granted.
(6) A current financial statement showing applicant's assets, liabilities and net worth.
(7) If applicant seeks authority to serve as a common carrier, letters of public support indicating a
need for the proposed service.
(8) If applicant seeks authority to serve as a contract carrier, the name of each customer to be
served in the proposed operation, with a letter signed by each customer proposed to be
served stating that the applicant's proposed service will be used by the customer if the
application is granted.
(9) A statement that a map or diagram showing the points and proposed routes or area to be
served shall be furnished upon request of the Staff.
(10) A statement describing in detail the extent to which applicant, or any transportation utility
affiliated with applicant, holds authority duplicating in any respect the authority sought.
(11) A statement whether any pending application, or any application filed simultaneously,
requests authority duplicating the authority sought by applicant and if so, a description of
the application.
(12) Copies of all current letters of authority, certificates, or permits owned or operated by
applicant or any transportation utility affiliated with applicant shall be attached.
(13) A statement indicating, if the application is assigned for hearing, the town or city where the
applicant prefers the hearing to be held and any alternative choice.
(14) A statement indicating that the applicant understands that the filing of the application does
not, by itself, constitute authority to operate.
(15) A statement of the facts (not conclusory statements) upon which the applicant relies to
establish that the application should be granted.
(16) A statement that if the authority is granted, the applicant:
(A) Will file or will cause to have filed the required certificate of insurance with the
Commission;
(B) Will file the necessary tariffs and, if appropriate, time schedules before starting
operations; and
(C) Will operate in accordance with all applicable Commission Rules and Regulations.
(f) Applications for Permanent Authority to Operate as a Transportation Utility - Signature - Verification.
An application for permanent authority to operate as a transportation utility shall be signed, and
verified if the applicant desires, as set forth in Form A, and shall set forth addresses and
telephone numbers as indicated.
(g) Applications for Approval of Acquisition or Control, Merger, Transfer, etc. An applicant seeking
approval of the acquisition or control of any transportation utility or of any outstanding operating
authority; a consolidation or merger of two or more transportation utilities; a sale, lease,
assignment, or other transfer of any outstanding operating authority; or the creation of any
security interest in any outstanding operating authority shall comply with all applicable provisions
of these Rules and shall submit the following information, to the extent applicable, either in the
application or in appropriately identified attached exhibits:
(1) The name and complete address (street, city, state and zip code) of transferor, and a
statement whether transferor is a corporation, partnership, or individual.
(2) The name and complete address (street, city, state, and zip code) of transferee, and the
name under which the operation shall be conducted.
(3) If transferee is a corporation, a statement of that fact, the state in which transferee is
incorporated, the location of transferee's principal office, if any, in Colorado, the names of
its directors and officers, and a certified copy of transferee's Articles of Incorporation or
Charter.
(4) If the transferee is an out-of-state corporation, a certified copy of the authority qualifying it to
do business in Colorado shall either accompany the application or be filed with the
Commission as soon as possible after the application is filed.
(5) If the transfer is for a portion of an authority, a statement of the portion to be transferred and
of the portion to be retained.
(6) If the application is granted, no letter of authority will be issued by the Commission until
transferee's authority qualifying it to do business in Colorado is filed.
(7) If transferee is a partnership, the name, title and business address of each partner, whether
general, or limited, and of any trustee, shall be set forth.
(8) If transferee is an executor, trustee, receiver, or other similar representative of the real party
in interest, a copy of the court order evidencing his appointment, or other evidence of
authority if not under court order, shall be attached to the application.
(9) A complete description of the type of transaction which is proposed and the specific approval
for which the application is made, shall be contained in all applications under this rule.
(10) Each application under this Rule shall also contain the following information and exhibits, to
the extent applicable:
(A) If the transaction involves an acquisition of stock, a statement of the total number of
shares, by classes, of transferor's then issued and outstanding capital stock and
the number of shares of each class to be acquired by transferee.
(B) A statement of the total monetary or other consideration for the proposed transaction,
and a copy of all agreements concerning the transaction, including, if a security
interest is involved, a copy of all security documents or instruments.
(C) A statement setting forth the nature, extent and proposed disposition of any liens and
encumbrances against the authority proposed to be transferred.
(D) A current copy of each Letter of Authority for any certificate or permit owned or
operated by transferor or by any transportation utility affiliated with transferor
shall be attached to the application.
(E) If the transaction involves a lease of an outstanding operating authority, a copy of the
proposed lease and a statement of when the lease will become effective and
terminate.
(F) The names and addresses of transferor's and transferee's representatives, if any, to
whom inquiries should be made.
(G) A balance sheet showing transferee's current assets, liabilities and net worth.
(H) A statement explaining how transferee proposes to meet the financial requirements
of the transaction, including, if a loan is involved, the amount, maturity, interest
rate, and other terms and conditions.
(I) A statement setting forth the qualifications of the transferee, other than financial ability,
to conduct the proposed operations, except in the case of an application
involving only the creation of a security interest.
(J) A statement setting forth the names of the customers to be served, if the transaction
involves a change in ownership or control of a contract carrier permit.
(K) A statement describing the extent to which transferee, or any transportation utility
affiliated with transferee, holds authority duplicating in any respect (or has an
application pending before the Commission seeking authority duplicating in any
respect) the authority involved in the transaction. A current copy of each Letter of
Authority of any certificate or permit owned or operated by transferee or any
transportation utility affiliated with transferee shall be attached to the application.
(L) A statement setting forth whether transferor currently is conducting active operations
as a transportation utility under the authority involved in the transaction.
(M) A statement of the facts (not conclusory statements) upon which transferor and
transferee rely to show that the proposed transaction is in the public interest.
(N) A statement indicating that both transferor and transferee understand that the filing of
the application does not, by itself, constitute approval of the transfer or authority
to proceed with the transaction.
(O) A statement indicating, the town or city where transferor and transferee prefer any
hearing be held and any alternative choice.
(P) A statement, except in the case of an application involving only the creation of a
security interest, that if the transaction is authorized, the transferee:
(i) will file or will cause to have filed the required certificate of insurance with the
Commission,
(ii) will file the necessary tariffs and, if appropriate, time schedules before
starting operations, and
(iii) will operate in accordance with all applicable Commission Rules and
Regulations.
(h) Applications for Approval of Acquisition or Control, Merger, Transfer, Etc. - Signature - Verification. An
application for approval of acquisition or control, merger, transfer, etc., shall be signed and
verified as in Form A, and shall list addresses and telephone numbers as indicated.
(i) Application for Temporary or Emergency Temporary Authority-Content. An applicant for temporary or
emergency temporary authority to operate as a transportation utility shall comply with all
applicable provisions of these Rules, and shall submit the information required in Rule 50(e), and
the application shall contain the following applicable information, either in the application or in
appropriately identified attached exhibits:
(1) A statement of the facts (not conclusory statements) which establish an immediate and urgent
need for the service proposed.
(2) A statement of the period of time which applicant requests the temporary authority to cover,
not to exceed 180 days.
(3) A statement indicating that applicant is aware that a grant of requested temporary authority
creates no presumption that any permanent authority application, if filed, will be granted.
(4) A statement of whether applicant previously has been granted Commission authority to
render all or any part of the service proposed, and if so, a copy of the decision granting
the authority shall be attached.
(5) A statement whether applicant presently is operating as a transportation utility, and if so, a
copy of each authority shall be attached.
(6) Verified letters signed by shippers containing the following information:
(A) A description of commodity, quantity, and frequency of shipments;
(B) A statement whether there is any other transportation utility service available (rail, air
or motor carrier), either single line or by interline, between the points or in the
area involved. If service is avaliable, the following statements shall be provided:
(i) The extent existing service has been used, and what effort has been made to
use it,
(ii) Whether a transportation utility with appropriate authority has refused to
furnish service,
(iii) The manner and extent that existing service is inadequate, and
(iv) The reasons why additional service is needed.
(7) If shipper support is based upon alleged failure of existing transportation utilities to provide
service, the names and addresses of the utilities shall be stated.
(8) A statement whether the shipper has supported, or is supporting, a prior or pending
application seeking authority to render the proposed service. If so, the shipper shall state
the name and address of the applicant, and if known, the application number, whether the
application was granted or denied, and the date the application was granted or denied.
(9) A statement of the facts (not conclusory statements) which show an immediate and urgent
need for the proposed service to any point or within an area not having service capable of
meeting the need.
(10) Support for a temporary authority application received after notice of the application filed has
been issued by the Commission shall not be considered by the Commission.
(j) Applications for Temporary or Emergency Temporary Authority - Verification - Term - Evidence - No
Presumption.
(1) An application for temporary or emergency temporary authority shall be signed and verified
as in Form A, and shall list addresses and telephone numbers as indicated.
(2) An emergency temporary authority shall expire no later than 15 days after it is issued.
(3) A temporary authority issued under this Rule, unless earlier suspended or revoked for good
cause, shall be valid for not more than an aggregate of 180 days, unless for good cause
shown the Commission extends the temporary authority for a period of time which may
extend until a final administrative decision is rendered.
(4) A motion seeking an extension of temporary authority shall be in writing and should be filed
with the Commission at least 20 days before the expiration of the period for which the
temporary authority was initially granted. The motion shall include a statement showing
good cause for the extension.
(5) No application for emergency temporary authority shall be granted by the Commission unless
it is shown by clear and convincing evidence in the application and verified supporting
statements that a genuine emergency exists sufficient to require im- mediate action by
the Commission.
(6) The granting of temporary or emergency temporary authority shall create no presumption that
an application for temporary or permanent authority will be granted.
(k) Applications for Temporary or Emergency Temporary Approval of Acquisition or Control, Merger,
Transfer, Etc.
(1) An applicant may seek temporary or emergency temporary approval, pending the
determination of an application for permanent approval of the acquisition of the stock of a
transportation utility or, a consolidation or merger of transportation utilities, or purchase,
lease, or contract to operate properties of transportation utilities.
(2) An applicant seeking temporary or emergency temporary approval of any of the transactions
shown in above Rule 50(k)(1) shall submit:
(A) All the information required by Rule 50(e); and
(B) A written, verified statement of the facts (not conclusory statements) establishing that
failure to grant temporary or emergency temporary approval may result in
destruction of or injury to the utility's properties sought to be acquired, or to
interfere substantially with their future usefulness in the performance of adequate
and continuous service to the public; and
(C) A verified statement that he will comply with all other applicable provisions of these
rules.
(3) The Commission will not grant an application for emergency temporary authority unless it is
shown by clear and convincing evidence in the application and verified supporting
statements that a genuine emergency exists sufficient to require immediate Commission
action.
(4) The granting of temporary or emergency temporary authority under Rule 50(i) shall create no
presumption that an application for temporary or permanent authority will be granted.
Emergency authority shall expire no later than 15 days after it is issued.
(5) Temporary authority, unless earlier suspended or revoked for good cause, shall be valid for
not more than an aggregate of 180 days, unless for good cause shown the Commission
extends the temporary authority for a period of time which may extend until a final
administrative decision is rendered.
(l) Registration of Interstate Operating Authorities. An applicant seeking to register an interstate motor
carrier operating authority with the Commission shall make application only on Commissionprescribed forms. Forms will be supplied upon request.
(m) Determination of Applications. An Application only becomes contested if interventions of right are filed
or permissive interventions are allowed by the Commission. A contested application shall be
assigned for hearing. An unopposed application may be processed without a hearing as provided
in Rule 24, unless otherwise requested by the applicant after the application is filed, or unless set
for hearing by the Commission.
(n) Conflict between these Rules and Other Rail Transportation Rules. In the event of a conflict between
these rules and the standards and procedures applicable to the regulation of intrastate rail
transportation by the State of Colorado, filed with the Interstate Commerce Commission on or
about February 7, 1986, the latter will prevail.
--SOURCE: Prior Rule 13; and prior Appendix H, Part II.
--(o) Application Deemed Complete. The Commission shall deem all applications complete in accordance
with the procedural requirements of Rule 50.
(p) Failure to Provide Required Information. In the absence of unusual or extraordinary circumstances,
the Commission will both reject an application that does not meet the requirements of this rule
and close the docket pertaining to the application.
--SOURCE: Prior Rule 13; and prior Appendix H, Part II.
--RULE 51 Applications to Construct, Alter or Abolish Railroad Crossings, or for the Installation or
Modification of Signal Lights or Other Protective Devices - Notice
(a) Definitions. As used in this Rule:
(1) Utility Crossing means the point at which the tracks or other facilities of any public utility may
be constructed across the tracks or other facilities of any other public utility at grade, or
above or below grade, or at the same or different levels.
(2) Railroad Crossing means the point at which the tracks or other facilities of any railroad
corporation, railroad, or street railway may be constructed across the tracks or other
facilities of any other railroad corporation, railroad, or street railway.
(3) Railroad-highway crossing means:
(A) The point at which the tracks or other facilities of any railroad corporation, railroad, or
street railway may be constructed across any public highway at grade, or above
or below grade; or
(B) The point at which private tracks over which any railroad corporation, railroad, or
street railway may operate, may be constructed across any public highway at
grade, or above or below grade.
(4) Highway Railroad crossing means:
(A) The point at which any public highway may be constructed across the tracks or other
facilities of any railroad corporation, railroad, or street railway, at grade. or above
or below grade, or
(B) The point at which any public highway may be constructed across private tracks,
over which any railroad corporation, railroad, or street railway may operate, at
grade or above or below grade.
(b) Contents of Application - Generally. When an application is filed with the Commission to construct,
alter or abolish a utility crossing, a railroad-highway crossing, a railroad crossing, or a highwayrailroad crossing, or for authority to install or modify signal lights or protective devices, the
applicant, in addition to complying with the provisions of Rule 22, shall submit the following
information, to the extent applicable, either in the application or in appropriately identified
attached exhibits;
(1) The applicant's name and complete address (street, city, state, and zip code). If the applicant
is a corporation, a statement of that fact; the name of the state in which it is incorporated;
and the location of its principal office, if any, in this state. If the applicant is a partnership,
the names and addresses of all general and limited partners shall be listed.
(2) The name and address of applicant's representative, if any, to whom all inquiries should be
made.
(3) A detailed statement as to the nature, character, and need for the construction, alteration or
abolition, or for the installation or modification, of signal lights or other protective devices,
for which approval is sought.
(4) A map of suitable scale, preferably of not less than 100 feet to the inch, accurately portraying
the location of all tracks, buildings, structures, property lines, streets and roads in the
vicinity of the proposed or existing crossing that is the subject of the application.
(5) A profile map showing grade lines and proposed grade lines of approaches on the public
roads, highways or streets, railroads, or street railways that may be affected by the
proposed or existing railroad-highway crossing, or railroad crossing that is the subject of
the application.
(6) The names of public utilities, municipalities, corporations and adjacent property owners that
may be interested in or affected by the application.
(7) If the crossing is at grade, a statement showing why a separation of grades is not practicable
under the circumstances.
(c) Applications for Utility, Railroad, Railroad-Highway, Highway-Railroad Crossings. In addition to
complying with the provisions of Rule 51(b), applications to construct, alter or abolish a utility,
railroad, railroad-highway or highway-railroad crossing shall include the following information:
(1) A statement that the proposed crossing, installation, or modification of signal lights or
protective devices will be constructed or installed in accordance with Commission
specifications.
(2) A statement of the number, character, and speed of trains and vehicles passing the crossing
each day, and all projections, if any, of increases or decreases.
(3) A statement of the actual or estimated expense of the proposed construction, alteration,
abolition, signal installation or modification, and how applicant proposes to provide for the
expense, with the proposed apportionment of the expense between or among the parties
in interest. If an agreement has been signed by the parties in interest as to the
apportionment of expense, a copy of the agreement shall be included.
(4) A statement of the estimated date for start of the construction, alteration, abolition, signal
installation or modification, completion of the project, and commencement of operation of
the crossing.
(5) Where the application is for the installation or modification of signal lights or protective
devices at a crossing, a statement describing the type of signals or devices applicant
proposes to install. Reference may be made to recommended standards on railwayhighway grade crossing protection as published in the bulletin of the Association of
American Railroads or the Manual on Uniform Traffic Control Devices, Part 8, entitled
“Traffic Control Systems for Highway-Railroad Grade Crossings.”
(6) If the application is for authority to construct, alter, or abolish a railroad-highway or highwayrailroad crossing, a copy of the franchise or appropriate portion, or the permit, ordinance
or other authority obtained from the appropriate municipality, county or state agency
which authorizes the railroad or street railway company to cross the highway or street, or
authorizes the appropriate municipality, county or state agency to cross the tracks.
(d) Applications for Railroad Crossings. In addition to complying with the provisions of Rule 51(b), an
application to construct, alter or abolish a railroad crossing shall include the following:
(1) A copy of the agreement between the railroad corporation, railroad, or street railway
companies, which covers the construction, operation, and maintenance of the crossing.
(2) A detailed description of the installation and operation of any lights, block, interlocking, or
other system of signaling proposed to be constructed at the crossing.
(3) A statement of the operating rules and procedures that will govern the movement of trains
over the crossing.
(e) Who May Apply.
(1) An application for authority to construct a crossing, railroad, or street railway track across a
highway, street or other public roadway, or across the tracks of another railroad
corporation, railroad, or street railway company; may be made by the railroad or street
railway company or other person, firm, or corporation which will own the tracks proposed
to be constructed.
(2) An application for authority to construct a highway, street or other public roadway across the
tracks of a railroad corporation, railroad, or street railway company may be made by the
appropriate municipality, county, or state agency.
(3) An application for authority to alter or abolish a railroad-highway or highway-railroad crossing
may be made by the appropriate railroad corporation, railroad, or street railway company
or the municipality, county or state agency.
(4) An application for authority to install or modify signal lights or other protective devices may be
made by the railroad corporation, railroad, or street railway company or the municipality,
county or state agency.
(f) Notice.
(1) The Commission shall give notice under Rule 63(f) and (g) of the filing of any application
under this Rule. In addition to the requirements of Rule 63(f) and (g), where the
application is for authority to install or modify signal lights or other protective devices
under § 40-4-106(2)(b), C.R.S., the notice shall state that the question of how the costs
will be borne and paid will be considered at and determined as a result of the hearing for
which the notice is given.
(2) If an application is to close a crossing, the applicant shall give notice by posting notice of the
closing on both sides of the trackage of the crossing proposed to be closed. The notice,
at a minimum, shall state that an application to close the crossing has been filed with the
Colorado Public Utilities Commission, the current correct address of the Commission, the
date the closing is requested, a sufficient description of the crossing so as to identify it,
that parties have the right to file written interventions or objections, and the place and last
date for filing interventions or objections.
(3) The posted notice to close a crossing shall be printed on a substantial placard, no less than
18' × 24'. The title: Notice of Proposed Closing of This Crossing shall be printed in letters
no less than one inch. The other information printed on the notice shall be in letters no
smaller than one half inch. The background of the notices shall be white and the letters
black. The notices shall be posted so as to be clearly visible from a distance of no less
than 100 feet from the notice, and shall not be posted so as to obstruct the vision of
motorists or trains at the crossing.
(g) Noncontested or Unopposed Applications. An application under this Rule only becomes contested if
intervention is had or permitted. A noncontested or unopposed application under this Rule may be
processed without formal hearing under Rule 24, other than an application under § 40-4-106(2)
(b), C.R.S.
(h) Application Deemed Complete. The Commission shall deem all applications complete in accordance
with the procedural requirements of Rule 69.
(i) Failure to Provide Required Information. In the absence of unusual or extraordinary circumstances, the
Commission will both reject an application that does not meet the requirements of this Rule and
close the docket pertaining to that application.
--SOURCE: Prior Appendix H, Part V.
--RULE 52 Names and Addresses of Transportation Utilities—Changes
(a) Original Names and Addresses: The original name and address of a transportation utility in the
records of the Commission shall be identical to the name and address in its application. The
original name and address may be changed only in accordance with these rules.
(b) Use of Name and Address: The transportation utility shall use the name and address currently shown
in the official records of the Commission in all communication with the Commission.
(c) Name: The name of a transportation utility shall consist of the name of the person and the trade
name, if any, under which operations are conducted.
(d) Trade Names: The transportation utility shall file with the Commission all trade names under which it
is doing business. The Commission may require the filing of a certificate of assumed trade name
or similar document. If more than one trade name is filed, the records of the Commission will
show the trade names in the order filed by the transportation utility. The transportation utility shall
continue to use all trade names filed in communications with the Commission until changed
according to Paragraph (f) below.
(e) Address: The address of a transportation utility shall consist of the complete street address (number
and street, city, state, and zip code) of the utility's principal place of business. If a different
address is used by the utility for mailing purposes, that mailing address shall also be filed with the
Commission. A post office box number alone will not suffice, except for transportation utilities
operating solely in interstate commerce and having no facility or office in Colorado. The
Commission will not accept the filing of the address of an attorney or other representative as a
substitute for the requirements of this rule.
(f) Changes of Name: A transportation utility may change its name in the records of the Commission by
filing a signed, written request and the following documents as appropriate: proof of insurance
and endorsements, a tariff adoption under Rule 33 of these rules, a certificate of assumed trade
name, a copy of the approval of the Interstate Commerce Commission, a name change
amendment to its articles of incorporation. The request shall state the numbers of all certificates,
permits, and registrations of the transportation utility.
(g) Changes of Address: A transportation utility may change its address in the records of the Commission
by filing a signed written request. The request shall state the numbers of all certificates, permits,
and registrations of the transportation utility.
(h) Responsibility for Changes: It shall be the responsibility of the transportation utility to maintain its
current name and address on file with the Commission. The Commission shall address all
correspondence and written communication to a transportation utility to the address currently
shown in the records of the Commission.
(i) Transfers: A name change is not an application for any kind of transfer under Rule 50 and the name
change procedure shall not be used in any attempt to circumvent Rule 50.
(j) Procedures Informal: The entry of a formal Commission decision and order is not required to establish
a transportation utility's name and address, to change its name or address, or to dismiss requests
not completed.
Rules 53-54—Reserved for Future Use
RULE (4 CCR) 723-1-55. APPLICATIONS BY FIXED UTILITIES, NOT INCLUDING
TELECOMMUNICATIONS SERVICE PROVIDERS, FOR ISSUANCE, EXTENSION OR
TRANSFER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, INCLUDING
AUTHORITY TO EXERCISE FRANCHISE RIGHTS, ASSET TRANSFER, STOCK TRANSFER,
OR MERGER - NOTICE.
723-1-55(a) Applicability. This Rule applies to all fixed utilities as defined in Rule 4(b)(5), except
telecommunications service providersIf a person seeks to execute a transfer pertaining to
telecommunications services, that person must comply with the Rules Regulating the Authority to
Offer Local Exchange Telecommunications Services, Emerging Competitive Telecommunications
Services, to Discontinue or Curtail Any Service, to Execute a Transfer or Merger, and Registration
as a Toll Reseller, 4CCR 723-NTR..
723-1-55(b) Procedure. Any fixed utility applying for the issuance, extension or transfer of a certificate of
public convenience and necessity, including authority for approval of the exercise off franchise
rights, to obtain controlling interest in any utility, or asset transfer, stock transfer, or merger shall
proceed as set forth in this Rule.
723-1-55(c) Contents of Application. When a fixed utility proposes to obtain, extend or transfer a
certificate of public convenience and necessity, including authority to exercise franchise rights, or
to obtain controlling interest in any utility. or an asset transfer stock transfer, or merger, it shall file
an application with the Commission for that authority. The application shall comply with all other
applicable provisions of these Rules, and shall contain the following applicable information, either
in the application or in appropriately identified attached exhibits:
723-1-55(c)(1) Applicant's name and complete address (street, city, state, and zip code), and the
name under which the operation shall be conducted.
723-1-55(c)(1)(A) If the applicant is a corporation, a statement of that fact; the name of
the state in which it is incorporated; the location of its principal office, if any, in
this state; the names of its directors, officers, and Colorado agent for service; and
a copy of its Articles of Incorporation or Charter;
723-1-55(c)(1)(B) If the applicant is an out-of-state corporation, a copy of the authority
qualifying it to do business in Colorado shall either accompany the application or
be filed with the Commission as soon on as possible after the filing of the
application. The application will not be granted until applicant's authority
qualifying it to do business in the state of Colorado is filed;
723-1-55(c)(1)(C) If the applicant is a partnership, the names and addresses of all
general and limited partners.
723-1-55(c)(2) The name and address of applicant's representative, if any, to whom all inquiries
should be made.
723-1-55(c)(3) A statement describing the authority sought, or franchise rights proposed to be
exercised. The statement shall include a description of the type of utility service to be
rendered and a description of the area sought to be served, together with a map of the
area. The statement also shall include a description of applicant's existing operations and
general service area.
723-1-55(c)(4) Statements describing in detail the extent the applicant is affiliated with any other
company and the extent the applicant, or any person affiliated with applicant, holds
authority duplicating in any respect the authority sought.
723-1-55(c)(5) A copy of a feasibility study for areas previously not served, which shall at least
include estimated investment, income and expense. An applicant may request that
balance sheets, income statements, and statements of retained earnings be submitted in
lieu of a feasibility study.
723-1-55(c)(6) A copy of a proposed tariff showing the proposed rates, rules and regulations.
723-1-55(c)(7) A copy of the most recent balance sheet available for a period ending not earlier
than six months before the date of the filing of the application.
723-1-55(c)(8) A statement of income and of retained earnings for the same time period as the
balance sheet referred to in Rule 55(c)(7).
723-1-55(c)(9) A statement of the names of public utilities and other entities of like character
providing similar service in or near the area involved in the application.
723-1-55(c)(10) A statement that evidence will be presented at the hearing to show the
qualifications of applicant to conduct the utility operations proposed in the application.
723-1-55(c)(11) Where the application is for the issuance or-extension of a certificate, including
authority to exercise franchise rights, a statement of the facts (not conclusory statements)
relied upon by the applicant to show that the public convenience and necessity require
the granting of the application.
723-1-55(c)(12) Where the application is for the approval of the transfer of a certificate, which
includes obtaining controlling interest in any utility, or an asset transfer, stock transfer, or
merger, a statement of the facts (not conclusory statements) relied upon by the applicant
to show that the transfer is not contrary to the public interest, along with a statement that
evidence will be presented at any hearing on the application to establish the facts.
723-1-55(c)(13) An application to transfer a certificate may be made by joint or separate
applications of the transferor and the transferee. The application shall include:
723-1-55(c)(13)(A) The information required by Rule 55(c);
723-1-55(c)(13)(B) A statement showing accounting entries, under the Commission's
Prescribed Uniform System of Accounts, including any plant acquisition
adjustment, gain or loss, proposed on the books by each party before and after
the proposed transfer;
723-1-55(c)(13)(C) Copies of any sales agreement or contract of sale and all documents
pertaining to the transfer;
723-1-55(c)(13)(D) Facts showing that the transfer is not contrary to the public interest,
and an evaluation of the benefits and detriments, if any, to the customers of each
party and to all other persons who will be affected by the transfer; and
723-1-55(c)(13)(E) A comparison of the kinds and costs of service rendered before and
after the proposed transfer.
723-1-55(c)(14) Where the application is to exercise franchise rights, a certified copy of the
franchise ordinance, proof of publication, adoption and acceptance by applicant, and a
statement as to the number of customers served or to be served and the population of
the city or town, and any other pertinent information.
723-1-55(c)(15) A statement indicating, if the application is assigned for hearing by the
Commission, the town or city where the applicant prefers the hearing to be held and any
alternative choice.
723-1-55(c)(16) A statement indicating that the applicant understands that the mere filing of the
application does not, by itself, constitute authority to operate.
723-1-55(c)(17) A statement that if the authority is granted, applicant will file necessary tariffs and
will operate in accordance with all applicable Commission Rules and Regulations.
723-1-55(c)(18) An affidavit signed by an officer, partner or owner, as appropriate, authorized to
act on behalf of the utility, stating that the contents of the application and supporting
documentation are true, accurate and correct.
723-1-55(d) Notice. The Commission shall give notice of the filing of an application to issue, extend or
transfer a certificate of public convenience and necessity under Rules 63(a) and (g).
723-1-55(d)(1) The applicant shall publish notice of the filing of the application to exercise rights
or privileges under a franchise, within 3 days after its filing, in a newspaper having
general circulation as defined in Rule 4(b)(10), or in one or more local newspapers as
defined in Rule 4(b)(8).
723-1-55(d)(2) The form of notice of an application to exercise rights or privileges under a
franchise shall be as in Form X.
723-1-55(e) Application deemed complete. The Commission shall deem the application complete in
accordance with the procedural requirements of Rule 70.
723-1-55(f) Failure to provide required information. In the absence of unusual or extraordinary
circumstances, the Commission will both reject an application that does not meet the
requirements of this Rule and close the docket pertaining to that application.
--SOURCE: Prior Rule 18. Part II; prior Appendix H, Part IV.A.
--RULE 56 Securities Applications by Gas and Electric Utilities - Notice
(a) Applicability. Rule 56 applies to each gas and electric public utility which derives more than five
percent of its consolidated gross revenues in the State of Colorado as a public utility, or which
derives a lesser percentage if its revenues are realized by supplying an amount of energy which
equals five percent or more of this state's consumption. Any gas or electric public utility which
does not meet the above criteria need not file a security application under this Rule.
(b) Definition. Security means any stock, bond, note, or other evidence of indebtedness with a maturity
date of more than 12 months (other than stocks) after the date of issuance, the proceeds which
are proposed to be used for the following purposes: The acquisition of property; the construction,
completion, extension, or improvement of facilities; the improvement or maintenance of service;
the discharge or lawful refunding of obligations: the reimbursement of monies actually expended
for these purposes from income, or from any other monies in the treasury not secured by or
obtained from the issuance of securities within five years before the filing of an application with
the Commission for the required authorization; or any other purpose authorized by the
Commission.
(c) Securities Applications - Generally. Any gas or electric utility proposing to issue, renew, extend,
assume or guarantee any security, as defined above, or to create any lien on its property within
the state of Colorado, shall proceed as follows:
(1) No security shall be used to refund in whole or in part any bond, note, or other evidence of
indebtedness having a maturity date more than 12 months after the date of issuance
unless an application is filed with and approved by the Commission. Any security issued,
renewed, extended, assumed or guaranteed without Commission approval shall be void.
(2) When a utility proposes to issue, renew, extend, assume or guarantee a security, or to create
a lien on its property situated in Colorado, it shall file an application with the Commission
for authority to do so. The application shall contain all the data, information, and material
listed in Rule 56(d).
(3) Within three days after the filing of an application to issue, renew, extend, assume, or
guarantee a security, or to create a lien on property in Colorado, the utility shall publish
notice of the filing of the application in a newspaper of general circulation as defined in
Rule 4(b)(10), or in one or more local newspapers as defined in Rule 4(b)(8).
(4) Notice shall be as in Form X.
(5) The utility shall file with the Commission a copy of the published notice and an affidavit of
publication contemporaneously with the filing of the application.
(d) Contents of Application. When a gas or electric utility proposes to issue, assume or guarantee a
security, or to create a lien on its property situated within the State of Colorado, it shall file with
the Commission an application seeking that authority. The application shall contain the following
information, to the extent applicable, either in the application or in appropriately identified
attached exhibits:
(1) The name and complete address (street, city, state, and zip code) of applicant, including trade
name if any.
(A) If the applicant is a corporation, a statement of that fact; the name of the state in
which it is incorporated; the location of its principal office, if any, in Colorado; and
the names of its directors, officers, and Colorado agent for service; and a copy of
its Articles of Incorporation or Charter.
(B) If the applicant is an out-of-state corporation, a copy of the authority qualifying it to do
business in Colorado either shall accompany the application or be filed as soon
as possible. The application will not be granted until applicant's authority
qualifying to do business in Colorado is filed.
(C) If the applicant is a partnership, the names and addresses of all partners shall be
shown on the application.
(2) The name and address of applicant's representative, if any, to whom all inquiries should be
made.
(3) A statement describing in detail the extent to which applicant is affiliated with any other
company. For purposes of this paragraph, affiliation means any financial interest of the
applicant in any other company.
(4) A statement of applicant's existing operations and general service area.
(5) A statement describing the classes and amounts of capital stock authorized by applicant's
articles of incorporation, and the amount by each class of capital stock outstanding on the
date of the balance sheet referred to in Rule 56(d)(10).
(6) A statement describing each long-term indebtedness outstanding on the date of the balance
sheet referred to in Rule 56(d)(10), and a brief summary of the principal provisions of the
indentures, deeds of trust, or other instruments under which each indebtedness was
issued.
(7) A statement describing each short-term indebtedness outstanding on the date of the balance
sheet referred to in Rule 56(d)(10).
(8) A statement of the amount of interest charges incurred during the 12-month period included in
the income and retained earnings statements referred to in Rule 56(d)(11).
(9) A statement of the amount and rate of dividends declared and paid, or amount and year of
capital credits assigned and capital credits refunded, during the last four calendar years
including the present year to the date of the balance sheet referred to in Rule 56(d)(10).
(10) The most recent balance sheet available that ends with a reporting period that is no older
than six months before the date of the filing of the application.
(11) Statements of income, retained earnings, and sources and applications of funds for a 12month period ending not later than six months before the date of the filing of the
application.
(12) A detailed statement of all uses, including construction, to which the funds will be or have
been applied, and a concise statement of the need for the funds.
(13) A statement of whether the proposed issue of securities strengthens, weakens, or does not
change the applicant's financial status.
(14) A statement describing the type and amount of securities to be issued, the anticipated
interest rate or dividend rate, redemption or sinking fund provisions if any, and all other
important provisions.
(15) A copy of the registration statement, related forms, and preliminary prospectus, when
available, filed with the Securities and Exchange Commission relating to the proposed
issuance.
(16) A copy of the resolution of the applicant's board of directors approving the issuance,
renewal, extension, assumption or guarantee of the securities, together with copies of the
proposed indenture requirements, the mortgage note. the amendment to amending loan
contract, the contract for sale of securities; and all other pertinent documents.
(17) A statement of capital structure (showing common equity, long-term debt and preferred stock
if any) on the date of the balance sheet referred to in Rule 56(d)(10), and pro forma
capital structure on the same date giving effect to the issuance of the proposed
securities. Debt and equity percentages to total capitalization, actual and pro forma, shall
be shown.
(18) A statement of the estimated cost of financing.
(19) A statement that notice of the filing of the application will be published in a newspaper
having general circulation as defined in Rule 4(b)(10), or in one or more local
newspapers as defined in Rule 4(b)(8).
(20) An affidavit signed by an officer, partner or owner, as appropriate, authorized to act on behalf
of the utility, stating that the contents of the application and supporting documentation are
true, accurate and correct.
(e) Disposition of Application. All applications filed under this Rule shall be given priority on the docket
and shall be disposed of promptly, within 30 days after the application is filed unless a
continuance for good cause is granted. When an application is continued beyond 30 days after it
is filed, the Commission shall enter an order granting the continuance and stating fully the facts
necessitating the continuance.
(f) Issuance of Written Order. The Commission, with or without hearing, and on notice under Rule 56(c).
(3), (4), and (5), shall enter its written order approving the application and authorizing the
proposed securities transaction unless the Commission finds that the transaction is inconsistent
with the public interest or that the purpose is not permitted or is inconsistent with the provisions of
§ 40-1-104, C.R.S., et seq.
(g) Application Deemed Complete or Incomplete. The Commission shall deem all applications complete
or incomplete in accordance with the procedural requirements of Rule 70.
(h) Failure to Provide Required Information. If an application does not meet the requirements of this Rule
56 and the applicant does not adequately supplement the application as required pursuant to
Rule 70, the Commission will both reject the application and close the docket pertaining to that
application, in the absence of unusual or extraordinary circumstances.
SOURCE: Prior Rule 18, Part II; prior Appendix H. Part IV.B.
RULE (4 CCR) 723-1-57. APPLICATIONS BY FIXED UTILITIES, NOT INCLUDING
TELECOMMUNICATIONS SERVICE PROVIDERS, TO CHANGE, ABANDON, DISCONTINUE
OR CURTAIL ANY SERVICE, OR TO ABANDON OR DISCONTINUE ANY FACILITY - NOTICE.
723-1-57(a) Application to be Filed with the Commission. When a fixed utility proposes to change,
abandon, discontinue or curtail any service, or to abandon or discontinue the use of any facility
without equivalent replacement, it shall file with the Commission, at least 30 days before the
effective date of the proposed change, abandonment, discontinuance, or curtailment, an
application containing a complete explanation of the proposed change, abandonment,
discontinuance or curtailment. When a telecommunications services provider proposes to
discontinue or curtail telecommunications services, it shall comply with the Rules Regulating the
Authority to Offer Local Exchange Telecommunications Services, Emerging Competitive
Telecommunications Services, to Discontinue or Curtail Any Service, to Execute a Transfer or
Merger, and Registration as a Toll Reseller, 4 CCR 723-25.
723-1-57(b) Notice to Customers. In addition to filing an application with the Commission, the utility shall
prepare a written notice stating the proposed change, abandonment, discontinuance or
curtailment, and its proposed effective date, and shall mail or deliver the notice at least 30 days
before the effective date of the proposed change to each of the utility's affected customers or
subscribers. If no customers are being served by the service or facility, or in the case of telegraph
companies, the notice shall be mailed to the Board of County Commissioners of each affected
county, and to the Mayor of each affected city, town or municipality.
723-1-57(c) Form of Notice. The notice required in Rule 57(b) shall be as in Form Y.
723-1-57(d) Proof of Public Notice. Within 15 days before the date of the proposed change,
abandonment, discontinuance or curtailment, the utility shall file with the Commission a written
affidavit stating its compliance with Rule 57(b). The affidavit shall state the date notice was
completed and the method used to give notice. A copy of the notice shall accompany the affidavit.
723-1-57(e) Noncontested or Unopposed Applications. An application under this Rule only becomes
contested if intervention under these Rules is had or granted by the Commission. A noncontested
or unopposed application to change, abandon, discontinue, or curtail any service, or to abandon
or discontinue the use of any facility may be processed under Rule 245 without a formal hearing.
723-1-57(f) Hearing on Applications.
723-1-57(f)(1) If the Commission receives an intervention of right, or grants a petition for
permissive intervention to an application at least 10 days before the date of the proposed
change, abandonment, discontinuance, or curtailment, the Commission shall set the
application for hearing, unless the intervention or petition is stricken, dismissed, or
denied.
723-1-57(f)(2) The Commission may set the application for hearing on its own motion whether or
not any intervention or petition to intervene is received.
723-1-57(f)(3) For good cause shown, the Commission, may waive the deadline for interventions
or petitions to intervene.
723-1-57(g) Commission Approval. No proposed change, abandonment, discontinuance, or curtailment
shall be effective until the Commission order approving it, with or without formal hearing, has
been entered.
723-1-57(h) Application deemed complete. The Commission shall deem the application complete in
accordance with the procedural requirements of Rule 70.
723-1-57(i) Failure to provide required information. In the absence of unusual or extraordinary
circumstances, the Commission will both reject an application that does not meet the
requirements of this Rule and close the docket pertaining to that application.
RULE 58 Applications by Fixed Utilities to Make Refunds - Notice
(a) Applicability. This Rule applies to all fixed utilities as defined in Rule 4(b)(5).
(b) Procedure. Any fixed utility proposing, or required by Commission order to make a refund, shall file an
application for Commission approval of a plan of refund as set forth in this Rule.
(c) Contents of Application. An application for approval of a plan of refund shall contain, as a minimum,
the following information, to the extent applicable, either in the application or in attached
appropriately identified exhibits:
(1) The name and complete address (street, city, state and zip code) of applicant.
(2) The name and address of applicant's representative, if any, to whom all inquiries should be
made.
(3) A copy or a detailed description of the proposed refund plan. The plan shall include a
description of the type of utility service that has been provided and that is involved in the
refund plan. The plan also shall include the dollar amount of the proposed refund, the
date applicant proposes to start making the refund (which shall not be fewer than 60 days
after the filing of the application), the date by which the applicant proposes to complete
the refund, and the means by which the refund is proposed to be made. The plan also
shall identify the service area involved. The interest rate on the refund shall be the current
interest rate in the applicant's customer deposits tariffs.
(4) A statement describing in detail the extent to which applicant is affiliated with any other
company involved in the refund plan. For purposes of this paragraph, affiliation means
any financial interest of the applicant in any other company involved in the refund plan.
(5) A reference by docket number, decision number and date of any Commission decision
requiring the refund or, if the refund is to be made because of receipt of monies by the
applicant under the order of another state or federal agency, a copy of the order.
(6) If the applicant proposes to refund less than all of the monies received as described in Rule
55(c)(5), a detailed statement justifying the proposed refund of a lesser amount, with a
copy of applicant's most recent balance sheet, dated not earlier than three months before
the date of the filing of the application, with a copy of an income statement and a retained
earnings as of the date of the balance sheet.
(7) A statement showing accounting entries under the Uniform System of Accounts.
(8) A statement indicating, if the Commission assigns the application for hearing, the town or city
where the applicant prefers the hearing to be held and any alternate choice.
(9) A statement that if the application is granted, applicant will file an affidavit with the
Commission establishing that the refund has been made in accordance with the
Commission decision.
(10) An affidavit signed by an officer, partner or owner, as appropriate, authorized to act on behalf
of the utility, stating that the contents of the application and supporting documentation are
true, accurate and correct.
(d) Notice. The Commission shall give notice of the filing of an application to make a refund, as provided
in Rules 63(e) and (g). Within three days after an application to make a refund is filed, the
applicant shall publish notice of the filing of the application in a newspaper having general
circulation as defined in Rule 4(b)(10), or in one or more local newspapers as defined in Rule 4(b)
(8).
(e) Commission Refund Policy Statement. The Commission will issue, from time to time, a policy
statement which will set forth the requirements that each refund must meet. Any utility which files
an application to make a refund shall follow the current Commission policy on refunds, a copy of
which may be obtained by written request of the Commission Director.
(f) Form of Notice. Notice of application to make refund shall be as in Form Z.
(g) Application Deemed Complete or Incomplete. The Commission shall deem all applications complete
or incomplete in accordance with the procedural requirements of Rule 70.
(h) Failure to Provide Required Information. If an application does not meet the requirements of this Rule
58 and the applicant does not adequately supplement the application as required pursuant to
Rule 70, the Commission will both reject the application and close the docket pertaining to that
application, in the absence of unusual or extraordinary circumstances.
SOURCE: New.
RULE (4 CCR) 723-1-59. PETITIONS AND MOTIONS FOR WAIVER OF, OR VARIANCE FROM,
RULES OR REQUIREMENTS
(a) Applicability. This rule applies to requests made to the Commission seeking waiver of, or variance
from, some or all provisions of (1) substantive rules of the Commission; (2) substantive
requirements contained in Commission decisions and orders; and (3) statutory provisions in
which the Commission is granted discretion to modify the requirements imposed on utilities,
except statutory provisions pertaining to exceptions to recommended decisions and applications
for reconsideration, reargument, or rehearing.
(b) Definitions. In addition to the definitions in this section, the statutory definitions and the definitions
contained in rule 4 of the Rules of Practice and Procedure apply. In the event the definitions in
this rule conflict with the statutory definitions, the statutory definitions control. As used in this rule,
unless the context indicates otherwise, the following definitions apply:
(1) Request. Motion or petition for waiver or for variance.
(2) Variance. Request to substitute the provision or provisions proposed by the person making
the request for one or more provisions of one or more of the following: (A) substantive
rules of the Commission; (B) substantive requirements contained in Commission
decisions and orders; or (C) statutory provisions in which the Commission is granted
discretion to modify the requirements imposed on utilities, except statutory provisions
pertaining to exceptions to recommended decisions and applications for reconsideration,
reargument, or rehearing.
(3) Waiver. Request for release from one or more provisions contained in one or more of the
following: (A) substantive rules of the Commission; (B) substantive requirements
contained in Commission decisions and orders; or (C) statutory provisions in which the
Commission is granted discretion to modify the requirements imposed on utilities, except
statutory provisions pertaining to exceptions to recommended decisions and applications
for reconsideration, reargument, or rehearing.
(c) How made. If the request is filed in a pending docket or accompanies an application or an advice
letter, the request shall be made by separate motion. All other requests shall be made by petition.
(d) Content of request. The request shall contain, in the following order and specifically identified, the
following information, either in the motion or petition or in appropriately identified, attached
exhibits:
(1) Name, complete address (street, city, state, and zip code), telephone number of person
making the request, and name(s) under which the person making the request is providing
or will provide telecommunications service in Colorado;
(2) Citation to the specific paragraph of the statute, rule, or Commission decision and order from
which waiver or variance is sought;
(3) Statement of the variance requested;
(4) Statement whether waiver or variance, if granted, would be permanent or temporary. If
duration is temporary, statement of specific date or event which will terminate waiver or
variance;
(5) Statement whether waiver or variance, if granted, would be full or partial;
(6) Statement of facts and circumstances (not in conclusory form) relied upon to demonstrate
good cause for granting the request;
(7) Statement that the person making the request agrees: (a) to answer all questions
propounded by the Commission or any authorized member of its staff concerning the
request, the subject matter of the request, or any information supplied in support of the
request; and (b) to permit the Commission or any authorized member of its staff to
inspect the books and records of the person making the request as part of the
investigation into the request, the subject matter of the request, or any information
supplied in support of the request;
(8) Statement indicating, if a petition is assigned for hearing, the town or city where the person
making the request prefers the hearing to be held and any alternative choices;
(9) Statement that the person making the request understands that the waiver or variance is not
in effect until and unless granted by the Commission;
(10) Statement that the person making the request understands that the waiver or variance may
be granted by the Commission subject to terms and conditions established by the
Commission;
(11) Statement that the person making the request understands that if the contents of the petition
or motion are found to be false or to contain misrepresentations, any waiver or variance
granted may be, upon Commission order, null and void; and
(12) Affidavit signed by an officer, a partner, an owner, or an employee, as appropriate, who is
authorized to act on behalf of the person making the request, stating that the contents of
the request are true, accurate, and correct.
(e) Notice of petition. The Commission will give notice of a petition filed under this rule.
(f) Processing. The Commission will process a petition and a motion in accordance with the Rules of
Practice and Procedure.
(g) Noncontested or unopposed request. A noncontested or unopposed request may be processed under
rule 24 without a formal hearing.
COPUC RULE 4 CCR 723-1-60. DECLARATORY ORDERS.
(a) General. The Commission may issue a declaratory order to terminate a controversy or to remove an
uncertainty as to the applicability to a petitioner of any statutory provision or Commission rule,
regulation or order.
(1) Any person, firm, or corporation may file a petition in an original proceeding, or a petition in a
pending proceeding for a declaratory order.
(2) The petition shall be subject to Rule 57 Colorado Rules of Civil Procedure, except the words
the Commission shall be substituted for the words District and Superior Courts, and the
order shall be substituted for judgment or decree.
(3) Commission may decline to issue order. The Commission may decline to enter a declaratory
order where it concludes that the subject matter should be determined by a court or
another administrative agency, or in another proceeding.
(4) If, in an original proceeding, the Commission determines that a declaratory order should
issue, it shall give notice of the petition to persons, firms, or corporations who, in the
opinion of the Commission, would be interested in or affected by the petition. Such notice
shall be mailed promptly by the Commission. The notice shall contain a caption and
docket number of the proceeding, a general description of the relief requested in the
petition, the date the petition was filed, and the date by which any notice of intervention or
petition to intervene must be filed. Ordinarily, the date by which notices or requests for
intervention must be filed shall be 30 days after the mailing of the notice. Upon motion
and for good cause shown, or upon the Commission's own motion, the time for
intervention may be lessened.
723-1-60(a)(5) Besides the notice provided for in section (4) of this rule, the Commission may
require the petitioner for a declaratory order to give additional notice to persons, firms, or
corporations, who may be interested in or affected by the petition.
723-1-60(a)(6) Petitions for declaratory orders shall be subject to § 40-6-109.5, C.R.S.
723-1-60(a)(7) In original proceedings, after the time set for intervention, the Commission, by
separate order, shall establish the procedure, including hearing dates, for consideration
of the petition. Where no intervenor has requested a hearing, and the Commission
determines that a hearing is unnecessary, the matter may be determined by the
Commission under its modified procedure as defined in Rule 4(b)(9).
RULE (4 CCR) 723-1-61. FORMAL COMPLAINTS - ANSWERS - MOTIONS TO DISMISS - HEARINGS
- INFORMAL COMPLAINTS.
723-1-61(a) Formal Complaints - Written - Contents. A formal complaint shall be in writing and shall
conform to the requirements of Rule 22. A Formal complaint shall set forth sufficient facts and
information to adequately advise the respondent public utility and the Commission of how any
law, order, Commission rule, or public utility tariff provision has been violated. The complainant
shall state that he will cooperate in the prosecution of the complaint and will appear if the
complaint is set for hearing.
723-1-61(b) Formal Complaints - Generally - Who May File. A formal complaint, except one filed under
Rule 61(c), may be filed against a public utility by: another public utility, any corporation, person,
chamber of commerce, or board of trade, any civic, commercial, mercantile, traffic, agricultural or
manufacturing association, or any body politic or municipal corporation.
723-1-61(c) Formal Complaints - Fixed Utilities - Rates.
723-1-61(c)(1) A formal complaint alleging that any rate or charge of any gas, electric, water, or
telephone public utility is unreasonable, must be signed by the mayor; by the president or
chairman of the board of trustees; by a majority of the council, commission, or other
legislative body of the county, city and county, city or town in which the complained-of
rate or charge is made; or by not fewer than 25 customers or prospective customers of
the public utility.
723-1-61(c)(2) A formal complaint alleging that a cooperative electric association has made or
granted a preference or advantage, or subjected any corporation or person to any
prejudice or disadvantage, as to rates, charges, service, or facilities, or as to any other
matter, or has established or maintained any unreasonable difference as to rates,
charges, service, or facilities, or as to any other matter, either between localities or
between any class of service, may be signed by one or more customers of the
association.
723-1-61(c)(3) A formal complaint filed under Rule 61(c)(1) or (2) shall not be entertained by the
Commission, except upon its own motion, unless the complaint is signed as required by
this Rule.
723-1-61(d) Answers to Formal Complaint - Motions to Dismiss.
723-1-61(d)(1) When a complaint is filed with the Commission under Rules 61(b) or (c), the
Director of the Commission shall by first class mail, serve a copy of the complaint and an
order to satisfy or answer upon the public utility named as respondent in the complaint.
The respondent shall file its answer to the complaint within 20 days after service of the
complaint, unless for good cause shown the Commission extends the time for filing the
answer, or unless the public utility satisfies the complaint within 20 days. The answer
shall be in writing, shall admit or deny with particularity each allegation of the complaint,
and shall separately state and number each affirmative defense.
Where a complaint is filed by a public utility, the respondent public utility may assert a
counter complaint in its answer. A counter complaint shall be answered within 20 days
and is subject to a motion to dismiss as provided for formal complaints.
723-1-61(d)(2) Within 10 days following service of the complaint or counter complaint, the
opposing public utility may file a motion to dismiss the complaint or counter complaint.
Unless otherwise ordered by the Commission, when a motion to dismiss is filed, the time
to answer the complaint or counter complaint shall be extended to a date 10 days after
Commission service of an order denying the motion to dismiss.
723-1-61(d)(3) Where an answer is not timely filed, or where the complaint or counter complaint
is not timely satisfied, the allegations of the complaint or counter complaint may be
deemed admitted, and the Commission may grant so much of the relief sought in the
complaint or counter complaint as is within its power and jurisdiction or may set the
complaint or counter complaint for hearing.
723-1-61(d)(4) Every defense in law or in fact to a complaint or counter complaint shall be
asserted in the answer to the complaint or counter complaint, except that the following
defenses, at the option of the pleader, may be made by motion to dismiss:
723-1-61(d)(4)(A) Lack of jurisdiction over the subject mater;
723-1-61(d)(4)(B) Lack of jurisdiction over the person;
723-1-61(d)(4)(C) Insufficiency of process;
723-1-61(d)(4)(D) Insufficiency of service of process;
723-1-61(d)(4)(E) Lack of standing of complainant to file the complaint;
723-1-61(d)(4)(F) Lack of standing of respondent to file the counter complaint;
723-1-61(d)(4)(G) Insufficiency of signatures where the complaint is filed under Rule
61(c); or
723-1-61(d)(4)(H) Failure to state a claim upon which relief can be granted.
723-1-61(d)(5) No defense is waived by being joined with one or more other defenses in a
motion to dismiss.
723-1-61(d)(6) Any defense enumerated in Rule 61(d)(4), if made by motion to dismiss, shall be
determined before hearing unless the Commission orders that it be deferred until hearing.
723-1-61(d)(7) All matters upon which a complaint or counter complaint may be founded may be
joined in one hearing; however, no motion shall be entertained against any complaint or
counter complaint for misjoinder of claims or misjoinder or nonjoinder of parties.
723-1-61(d)(8) The Commission is not required to dismiss any complaint or counter complaint
because of the absence of direct damage to the complainant or counter-complainant.
723-1-61(e) Formal Complaint - Hearing. Complaints shall be set for hearing by notice and order
establishing date, time, and place thereof, served with the order to satisfy or answer. Complaints
or counter complaints may be dismissed without hearing upon stipulation of the parties. A
complaint and answer, or counter complaint and answer, or both, may be disposed of as follows:
723-1-61(e)(1) If the complainant fails to appear:
723-1-61(e)(1)(A) The complaint may be dismissed upon the respondent's request.
723-1-61(e)(1)(B) Hearing may proceed on any counter complaint.
723-1-61(e)(2) If the respondent fails to appear:
723-1-61(e)(2)(A) Hearing may proceed on the complaint.
723-1-61(e)(2)(B) Any counter complaint may be dismissed upon complainant's request.
723-1-61(f) Mediation - Where a complaint is submitted to mediation, a copy of the agreement to mediate
the complaint shall be filed. Upon the filing of the agreement, the presiding officer may vacate and
reschedule the hearing. If the matter is not settled by mediation, the mediator shall notify the
presiding officer within three days after the mediation session. The presiding officer shall then
issue an appropriate interim order establishing hearing, filing and procedural requirements.
723-1-61(g) Pre-Hearing Conference. Complaints or counter complaints may be set for pre-hearing
conference pursuant to Rule 79 by the presiding officer at any time prior to hearing by notice
establishing the date, time, and place thereof. The parties may also request a pre-hearing
conference by motion.
723-1-61(h) Complaint - Commission. A complaint may be started by the Commission either under law or
its rules and regulations by entry of an order to show cause and notice of hearing, under Rule 73.
A copy of the order to show cause and notice of hearing shall be served upon the respondent.
The order and notice shall contain the information required by Rule 73.
723-1-61(i) Informal Complaints. An informal complaint is one that may be resolved without Commission
order. All persons are encouraged to use this procedure before filing a formal complaint. The
informal complaint procedure is:
723-1-61(i)(1) An informal complaint may be made orally or in writing and shall contain facts,
supporting data, and documents to adequately advise Commission Staff of:
723-1-61(i)(1)(A) The act or thing done or omitted to be done by any public utility;
723-1-61(i)(1)(B) Any alleged violation of any rule, regulation, or charge previously
established or fixed by or for any public utility;
723-1-61(i)(1)(C) Any alleged violation by a public utility of any provisions of law or any
Commission order or rule.
723-1-61(i)(2) Anonymous informal complaints shall not be processed.
723-1-61(i)(3) Informal complaints shall be handled by the Commission Consumer Affairs
Section, unless the Commission otherwise orders.
723-1-61(i)(4) The Commission Consumer Affairs Section shall attempt to resolve informal
complaints to the satisfaction of the complainant and utility within the law and
Commission orders and rules.
723-1-61(i)(5) Where an informal complaint cannot be resolved, a formal complaint may be filed.
723-1-61(i)(6) Nothing said or offered during informal complaint settlement negotiations may be
used in any formal complaint proceeding against the person or utility making the
statement or offer.
723-1-61(j) Expedited Complaints.
723-1-61(j)(1) A complainant or respondent may request that the complaint be expedited.
Pursuant to the request, the complaint shall be tentatively set for hearing within 25 days
of the date of a request for expedited hearing. An expedited complaint shall comply with
Rules 61(a), (b), and (c).
723-1-61(j)(2) The Commission shall, by first class mail, serve a copy of the expedited complaint,
an order to satisfy or answer, and notice and order stating the date, time, and place of
hearing on the respondent. Within ten days after service of the expedited complaint, the
respondent shall file with the Commission and serve on the complainant, its answer to
the expedited complaint or its objection to the matter proceeding as an expedited
complaint.
723-1-61(j)(3) The filing of an answer to an expedited complaint by the respondent shall be
construed as agreement by the respondent that the matter shall proceed as an expedited
complaint under this rule. A motion to dismiss an expedited complaint shall only be filed
by the respondent with the answer, or as part of the answer to the expedited complaint.
All motions to dismiss and any other motions may be ruled on prior to hearing, or at the
time of hearing.
723-1-61(j)(4) With 10 days following the answer to a complaint, both the complainant and
respondent shall file and serve on all other parties, a list of witnesses the party intends to
call at hearing, along with a brief summary of the testimony of each witness, the address
and telephone number of each witness, and a copy of all exhibits the party intends to
offer into evidence.
723-1-61(j)(5) If the respondent or complainant files an objection to the matter proceeding as an
expedited complaint within 10 days of the request, the complaint will not be treated as an
expedited complaint and will be reset for hearing and shall proceed as a complaint
pursuant to Rule 61(d) through (g).
723-1-61(j)(6) No discovery, shall be allowed in expedited complaint proceedings.
723-1-61(j)(7) Countercomplaints shall not be allowed in expedited complaint proceedings and
statements of position shall only be allowed by order of the presiding officer.
723-1-61(k) Accelerated Complaints.
723-1-61(k)(1) Complaints to enforce interconnection duties and obligations of a
telecommunications provider, and complaints for interconnection service quality matters,
shall be subject to accelerated treatment if they comply with Rule 61(a) and:
723-1-61(k)(1)(a) is filed by a party to a telecommunications interconnection agreement
approved by the Commission;
723-1-61(k)(1)(b) contain certification that any and all methods of dispute resolution
established in the subject interconnection agreement including escalation to
higher levels of management within the parties' organizational structure, have
been exhausted;
723-1-61(k)(1)(c) contain a statement, including specific facts, demonstrating that the
complainant engaged in good faith negotiations to resolve the disagreement, and
despite those negotiations the parties failed to resolve the issue; and
723-1-61(k)(1)(d) contain certification that written notice of intent to file an accelerated
complaint, together with identification of the provision of the interconnection
agreement that the complainant contends is not being complied with, and a
description of the facts demonstrating any alleged violation of the interconnection
agreement, was personally served upon the respondent ten (10) days prior to
filing with the Commission.
723-1-61(k)(2) Service of Complaint - Answer. The complainant shall serve by hand delivery
during normal business hours a copy of the accelerated complaint on the respondent's
designee on the same day as it is filed with the Commission. The respondent's designee
is the person(s) or entity identified to receive service of process for the company in the
Colorado Public Utilities Commission's records. The accelerated complaint served on
respondent shall include a copy of all unprivileged documents, including correspondence
and work papers, relevant to the complaint. The Commission shall, by first class mail,
serve an order to satisfy or answer, and notice and order stating the date, time, and place
of hearing on the respondent. A hearing shall be set to occur within forty-five (45) days of
the filing of the complaint with the Commission. No hearing shall be continued, except
upon a finding of exceptional circumstances, beyond sixty (60) days after the filing of the
accelerated complaint with the Commission. Within ten (10) calendar days after service
of the accelerated complaint the respondent shall answer the complaint, which may
contain a motion to dismiss, and hand deliver during normal business hours to
complainant's designee a copy of the answer on the complainant. All motions to dismiss
may be ruled on prior to hearing, or at the time of hearing. When an answer is not timely
filed, or the complaint is not timely satisfied, the Commission may grant all or a portion of
the complaint or set the matter for accelerated hearing.
723-1-61(k)(3) Discovery - Motions. Discovery in accelerated complaints shall be governed by 4
CCR 723-1-77, except that it shall be limited to a total of twenty (20) interrogatories,
including all discrete parts or requests for production of documents, and two (2)
depositions per party unless otherwise ordered. Discovery shall commence by hand
service within fifteen (15) days of the filing of the accelerated complaint. Responses to
written discovery, including any objections to discovery, shall be served by hand delivery
within seven (7) calendar days of receipt. Parties may file motions to compel responses
to discovery within five (5) calendar days of receipt of any objection and such motion
shall be ruled upon prior to the hearing. Motions shall be governed by 4 CCR 723-1-22,
except that motions shall be hand-delivered and responses shall be due within seven (7)
calendar days of the date of service of the motion to which it responds.
723-1-61(k)(4) List of Witnesses. Within ten (10) calendar days following the answer, the
complainant shall file and serve on other parties, a list of witnesses and exhibits it intends
to offer at hearing, together with a brief summary of the testimony of each witness, the
address and telephone number of each witness, and a copy of all exhibits it intends to
offer into evidence. Within ten (10) calendar days following service of the complainant's
list of witnesses and exhibits, respondent shall file and serve on other parties, a list of
witnesses and exhibits it intends to offer at hearing, together with a brief summary of the
testimony of each witness, the address and telephone number of each witness, and a
copy of all exhibits it intends to offer into evidence.
723-1-61(k)(5) Pre-hearing Conference - Hearing - Initial Decision. Accelerated complaints shall
be set for pre-hearing conference pursuant to 4 CCR 723-1-79 by the presiding officer
not later than five (5) working days prior to hearing by notice establishing the date, time,
and place thereof. At the conference, the presiding officer shall determine based on the
complaint and answer and any supporting affidavits, whether the complaint can be
determined on such pleadings and submissions. If so, the presiding officer shall issue an
appropriate order. If the presiding officer determines that a hearing is necessary, a
hearing shall commence within forty-five (45) days of the filing of the complaint, unless all
parties agree otherwise or the Commission finds that extraordinary circumstances exist
that warrant postponing the hearing date to the earliest practicable date. Hearings shall
be governed by § 40-6-109, C.R.S. and applicable Commission procedural orders.
Parties shall submit written statements of positions or briefs within ten (10) calendar days
following the conclusion of the hearing unless the Commission, for good cause, shall
establish different deadlines. The Commission may issue an initial decision after the
conclusion of the hearing pursuant to § 40-6-109 (6), C.R.S. If an initial decision pursuant
to § 40-6-109 (6), C.R.S. is contemplated, the Commission may order the parties to the
complaint to pay for a transcript of the proceedings. In such case, the Commission will
apportion the cost among the parties in an equitable fashion.
RULE (4 CCR) 723-1-62 [RESERVED FOR FUTURE USE]
RULE 63 Notice by the Commission
(a) Notice - Rulemaking - Fixed Utilities. The Commission shall give written notice of proposed
rulemaking to:
(1) Each fixed utility as defined in Rule 4(b)(5) that would be affected by the proposed rule if
adopted;
(2) Each person who previously notified the Commission in writing that he desired notice of
proposed rulemaking proceedings affecting the utility;
(3) Any other person who in the opinion of the Commission would be interested in or affected by
the adoption of the proposed rule; and
(4) Appropriate news media.
(b) Notice to Utility Customers. Where persons are customers of a fixed utility described in Rule 63(a)(1),
the Commission may require the utility to give notice to the customers.
(c) Notice - Rulemaking - Transportation Utilities. The Commission shall give the following written notice
of proposed rulemaking:
(1) If the proposed rule pertains to the regulation of common carriers, to each common carrier
who may be affected if the rule is adopted, and to each contract carrier in competition
with a common carrier who may be affected if the rule is adopted.
(2) If the proposed rule pertains to the regulation of contract carriers, to each contract carrier who
may be affected if the proposed rule is adopted, and to each common carrier in
competition with a contract carrier affected who may be affected if the proposed rule is
adopted.
(3) If the proposed rule pertains to the regulation of towing carriers, to each towing carrier who
may be affected if the proposed rule is adopted.
(d) The Commission shall also give notice, in the instances noted above, to:
(1) Each person who previously notified the Commission in writing that he desired notice of
proposed rulemaking affecting common carriers, contract carriers, or towing carriers;
(2) Appropriate news media; and
(3) Any other person who in the opinion of the Commission would be interested in or affected by
the adoption of the proposed rule. Where persons are served by a contract carrier or
transportation utility described in Rule 63(c)(1) or (2), the Commission may require the
utility or contract carrier to give Commission-prescribed notice to these customers.
(e) Notice - Rulemaking - How Given. The Commission shall give written notice of proposed rulemaking
by mailing a copy of the Commission's decision instituting the rulemaking proceeding to the
addressee at his last known address on file with the Commission.
(f) Notice - Complaints - How Given. When a formal complaint under Rule 61 is filed, the Commission
Secretary shall mail a copy of the complaint and an Order to Satisfy or Answer to the
Respondent.
(g) Notice - Applications - Fixed Utilities. When an application is filed by a fixed utility as defined in Rule
4(b)(5), the Commission shall give written notice of the filing of the application to any person who
in the opinion of the Commission would be interested in or affected if the application is granted or
denied. Where the person is a customer of a fixed utility included in Rule 63(a)(1), the
Commission may require the utility to give notice to those customers as prescribed by the
Commission.
(h) Notice - Applications - Transportation Utilities. When an application is filed with the Commission by a
transportation utility, the Commission shall give notice of the filing of the application to each
affected common carrier, if the application is filed by a common carrier. If the application is filed
by a contract carrier, to each common carrier that would be affected; and to any person who in
the opinion of the Commission would be interested in or affected by the application. Where a
person is a customer of a contract carrier or transportation utility included in Rule 63(c)(1) or (2),
the Commission may require the utility or contract carrier to give Commission prescribed notice.
(i) Notice - Applications - How Given. The Commission shall give written notice of the filing of an
application by mailing a Notice of Application Filed to the addressee at his last known address on
file with the Commission.
(j) Notice - Hearings. The Commission shall give written notice of a hearing by mailing a copy of either
the decision or notice setting the matter for hearing at least ten days before the first day of the
hearing, unless shortened by the Commission. Notice will be given to:
(1) Each party to the proceeding as of the date of mailing of the notice; and
(2) Each person requesting notice under Rule 31(j)(6), or Form V.
(k) Notice - Contents. The notice of hearing shall state the time, place, and date of the hearing.
(l) In addition to the notice of hearing to be given under Rule 63(i)(1) and (2), the Commission shall give
public notice of the hearing by posting a notice containing the time, place and date of the hearing
in a prominent public place at the Commission's office.
(m) Notice - Not Exclusive. The notices required in this Rule shall be in addition to any notice that may be
required to be given by public utilities or by the Commission under other laws or Rules.
--SOURCE: Prior Rule 8 in part; new in part.
--RULE 64 Intervention
(a) Intervention by Right.
(1) To intervene as a matter of right, one who has a statutory or legally protected right in the
subject matter which may be affected by the proceeding, shall timely file an entry of
appearance and notice of intervention.
(2) The entry of appearance and notice, except if filed by Staff, shall state the basis for the
claimed statutory or legally protected right which may be affected by the proceeding.
(3) No Commission order permitting intervention shall be issued when an entry of appearance
and notice of intervention by right is filed.
(b) Intervention by Permission.
(1) To intervene by permission one who has a substantial interest in the subject matter of a
proceeding shall timely file a petition to intervene. The Commission shall either grant or
deny the petition.
(2) A petition for leave to intervene shall be in writing and shall conform to Rule 22. The petition
shall state the nature and quantity of evidence, if then known, that will be presented if
intervention is granted, the grounds relied upon for intervention, and the claim or defense
for which intervention is sought.
(c) Time for Service and Filing.
(1) An entry of appearance and notice of intervention, or a petition to intervene, shall be served
upon all parties of record and filed with the Commission, with proof of service, within 30
days after the date of the notice given or other time as the Commission may prescribe by
order.
(2) The Commission shall not enter a final administrative decision in any proceeding before the
time an entry of appearance and notice of intervention or petition to intervene may be
filed.
(3) If an untimely filing is made, the petitioner shall state good cause for the delay. The
Commission may allow late intervention, subject to reasonable procedural requirements.
(d) Effect of Intervention. An intervenor by right or permission is a party to the proceeding and is subject
to these rules and reasonable Commission procedural requirements.
--SOURCE: Prior Rule 10.
--RULE 65 Intervention of Right to Applications of Transportation Utilities
(a) Generally. To intervene as a matter of right in a pending transportation utility application, one shall file
an entry of appearance and notice of intervention within 30 days after the date of publication of
notice of the filing of the application, or within any other time prescribed by Commission order,
notice, or other Rule. An intervenor of right must comply with the provisions of Rule 64.
(b) Form and Contents. An entry of appearance and notice of intervention of right should be in the form
and should contain the information and documentation in Form C as follows:
(1) A copy of each of intervenor's current letter(s) of authority to transport persons or property (or
both) as a common carrier by motor vehicle.
(2) As a minimum, statements that:
(A) Identify which specific parts of intervenor's authority are in conflict with the
application;
(B) The authority in conflict is in good standing and is being actively operated;
(C) Set forth, in separately-numbered subparagraphs, each reason intervenor believes
the application should not be granted or should be dismissed.
(D) List the consequences to the intervenor and the public interest if the application is
granted.
(c) Authorities in Suspension. A motor vehicle carrier whose authority in conflict is in suspension when an
application is filed, shall have no standing to intervene as a matter of right, and may not file an
intervention in opposition to the issuance of a certificate of public convenience and necessity or
permit for transportation of persons or property by motor vehicle except by permission as
provided in Rule 64(b).
(d) Temporary Authorities in Conflict. A motor vehicle carrier whose only authority in conflict is a
temporary authority shall have no standing to intervene as a matter of right, and may not file an
intervention in opposition to the issuance of a certificate of public convenience and necessity or
permit for the transportation of persons or property by motor vehicle except by permission as
provided in Rule 64(b).
(e) Intervention in Temporary Authority Applications. An entry of appearance and notice of intervention to
an application for temporary authority shall be in writing and shall be filed with the Commission
within five days of the date of the notice of the filing. The entry of appearance and notice of
intervention to a temporary authority application shall include, as a minimum and in addition to the
contents required by paragraph (b) above, a description of the services that intervenor is ready,
willing, and able to provide, or has provided, to the persons, or class of persons, supporting the
application.
(f) Intervention in Temporary and Permanent Authority Applications. Intervention in a temporary authority
application as a matter of right shall not constitute intervention in a corresponding permanent
authority application, unless the temporary authority intervention clearly states that it is also an
intervention in the corresponding permanent authority application.
(g) Intervention in Applications for Authority as a Motor Common Carrier of Property. A motor vehicle
carrier seeking to file an intervention in opposition to the issuance of a temporary authority or
permanent certificate of public convenience and necessity for carriage of property by motor
vehicle shall establish standing to file such intervention by submitting with its pleading, as a
minimum and in addition to the contents required by paragraph (b) above, the following:
(1) A statement of the extent to which the intervenor is providing service over the routes or in the
territory sought in the application;
(2) If the intervenor has not provided service within the previous year over the routes or in the
territory sought, a statement of how the intervenor is providing or offering to provide, in
whole or in part, common carrier service to the public as proposed by the application,
including, but not limited to, descriptions of the type and frequency of its advertising, its
solicitation of shippers, and the type and number of motor vehicles owned or leased.
FORM C-Form for Intervention and Entry of Appearance as a Matter of Right to Application of a
Transportation Utility
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
***
IN THE MATTER OF
THE
APPLICATION OF
____________________
______
(Insert name and address
of
)
applicant as shown in
Notice of
Applications Filed)
)
FOR AUTHORITY TO
____________________
______
(Insert description of
authority sought as shown
in
)
)
)
)
)
)
APPLICATION NO.
____________________
______
(Insert number as shown
in
Notice of Applications
Filed)
INTERVENTION
Notice of Applications
Filed).
---------------------------
)
)
__________________________ (Insert intervenor's name) intervenes in this application for the following
reasons:
1. Applicant seeks authority to __________________________.
[Note: Describe the authority sought by the applicant.]
2. __________________________ (Insert intervenor's name) owns and/or operates certificate(s) of
public convenience and necessity to transport persons or property (or both) as a common carrier
by motor vehicle, PUC No. (s) __________________________, which authorize(s)
__________________________.
[Note: Identify and describe the specific portion(s) of intervenor's authority which conflict with the
application.]
A copy of each of intervenor's current letter(s) of authority of certificate(s) of public convenience and
necessity to transport persons or property (or both) as a common carrier by motor vehicle is attached to
this intervention, and each is incorporated by reference.
3. The operating authority sought by Applicant conflicts with the authority contained in
__________________________ (Insert intervenor's name) certificate(s). Therefore
__________________________ (Insert intervenor's name) has a legally protected right in the
subject matter which may be affected by the granting of the application.
4. The application should not be granted (or should be dismissed) for the following reasons:
[Note: State in separately-numbered sub-paragraphs each reason why intervenor believes the
application should not be granted or should be dismissed.]
5. (For intervention in a temporary authority application:) __________________________ (Insert
intervenor's name) is ready, willing, and able to provide service to the persons supporting the
application as follows:
[Note: Describe the service(s) that intervenor is ready, willing, and able to provide, and/or has
provided, to each person, or class of persons, supporting the application.]
6. (For intervention in permanent and/or temporary applications for authority as a motor common carrier
transporting property:) __________________________ (Insert intervenor's name) is providing
service over the routes or in the territory sought in the application as follows:
[Note: State the extent to which the intervenor is providing service over the routes or in the
territory sought in the application.]
[Note: If the intervenor has not provided service within the previous year over the routes or in the
territory sought, state how the intervenor is providing or offering to provide, in whole or in part,
common carrier service to the public as proposed by the application, including, but not limited to,
descriptions of the type and frequency of its advertising, its solicitation of shippers, and the type
and number of motor vehicles owned or leased.]
7. __________________________ (Insert intervenor's name) is willing to withdraw this intervention if
Applicant will restrictively amend its application as follows: __________________________.
[Note: State any proposed restrictive amendment.]
WHEREFORE, __________________________ (Insert intervenor's name) requests that the Commission
(deny the application after hearing/dismiss the application if grounds are stated).
__________________________
(Signature of intervenor, or of the
(Name, address, and daytime telephone
number of intervenor. If filed
address, and
telephone and registration numbers.)
attorney for intervenor.)
by an attorney, name,
CERTIFICATE OF SERVICE
A copy of this intervention was mailed by first class mail to Applicant (or to Applicant's attorney, if the
application was filed by an attorney) on the __________________________ day of
__________________________, 19__________________________, as follows:
__________________________ __________________________ __________________________
(Insert name and address of Applicant or Applicant's Attorney).
the
__________________________
Applicant's Attorney.)
(Signature of person mailing the
intervention to Applicant or to
RULES 66-67-Reserved for Future Use
Rule 68 Nomenclature
When a proceeding is started, the Commission Director shall assign a number to it. The parties shall
place the assigned number on all subsequent pleadings, briefs, and other documents filed in the
proceeding. Proceedings before the Commission shall be entitled Dockets.
SOURCE; Prior Rules 5.B and C.
RULE 69 APPLICATIONS - RAILROAD - NOTICE
(a) GENERALLY. When an application is filed, including an application filed under Rule 51, and a docket
number is assigned to it, the Commission Director, within 30 days of the filing, shall issue and
mail a notice of the filing.
The application is deemed complete on the date of mailing of the Commission decision deeming the
application complete. The Commission shall consider whether or not the application is deemed complete
after the applicant files all required final plans, final specifications, and agreements. If, at the time the
Commission reviews the application, the application does not meet the requirements of Rule 51, the
Commission will both reject the application absent unusual or extraordinary circumstances and close the
docket.
(b) WAIVER. With the application, before the application is deemed complete, or at any time within 210
days after an application is deemed complete, the applicant may file a written waiver of the time
limits contained in § 40-6-109.5, C.R.S. If an application is a joint application, any one of the
applicants may file a written waiver of the time limits contained in s 40-6-109.5, C.R.S. Upon filing
of the written waiver, the Commission is not bound by the time limits contained in s 40-6-109.5,
C.R.S.
(c) CONTENTS OF NOTICE. The Commission Director shall issue a notice of the filing of the application.
The notice shall contain:
(1) The caption and docket number of the proceeding;
(2) The date by which any notice of intervention or petition to intervene must be filed. The date
ordinarily will be 30 days after the mailing of the notice. Unless otherwise ordered by the
Commission upon a finding of good cause, the time period for intervention shall not be
less than 10 days or more than 30 days after the mailing of the notice. As a matter of
right, staff may intervene up to 10 days after the application is deemed complete;
(3) A statement that the proceeding may be considered by the Commission without a hearing if
the application is deemed complete and no notice of intervention to petition to intervene
which opposes the application is timely filed;
(4) If the applicant did not file its testimony, or a detailed summary of testimony, and copies of its
exhibits with the application, a statement that the applicant is required to file its list of
witnesses and copies of its exhibits not later than 10 days after the application is deemed
complete. The applicant shall file with the Commission an original and three copies of its
list of witnesses and an original and three copies of each of its exhibits and shall serve
each party and staff with its list of witnesses and copies of its exhibits;
(5) A statement requiring each intervenor to file and to serve its list of witnesses and copies of its
exhibits not later than 15 days prior to the first day of the hearing on the application. Each
intervenor shall file with the Commission an original and three copies of its list of
witnesses and an original and three copies of each of its exhibits and shall serve each
party and staff with its list of witnesses and copies of its exhibits;
(6) A statement that, upon objection by a party, no witness will be permitted to testify and no
exhibit will be received in evidence, except in rebuttal, unless filed and served as
provided in the notice;
(7) A statement that, if a party does not meet the requirements of the notice, the Commission
may dismiss the application or an intervention upon motion filed by any other party, or
upon the Commission's own motion, unless good cause for the failure to meet the
requirements is shown;
(8) A statement that no motion for continuance of the hearing date will be granted except as
stated in this rule;
(9) A statement that, if a hearing is required, the Commission will notify the parties of the hearing
date, time, and location;
(10) A statement that, at the time of the notice, the Commission has not deemed the application
complete within the meaning of § 40-6-109.5., C.R.S.;
(11) Any other statement required by or deemed appropriate by the Commission.
(d) CHANGE IN HEARING DATE - USUAL COURSE. Unless extraordinary conditions exist (Rule 69(e)),
a party seeking a change of hearing date shall file a motion to change the hearing date. In the
motion, the moving party shall provide available dates. The available dates must be both
available on the commission calendar and acceptable to all parties. If agreement cannot be
reached, the motion to change the hearing date shall contain available dates on the Commission
calendar and all available dates for all parties. The Commission may change the hearing date
pursuant to the motion provided the new hearing date is no more than 45 days from the date the
application is deemed complete.
(e) CHANGE IN HEARING DATE - EXTRAORDINARY CONDITIONS. The Commission may consider a
request to continue a hearing date to a date that is later than 45 days from the date the
application is deemed complete. A party seeking to continue a hearing date under this provision
must file a motion for continuance. The motion must state the extraordinary conditions that make
the request necessary and must request issuance of notice and a hearing at which the moving
party will have the burden of proving the existence of the stated extraordinary conditions. If the
Commission determines that extraordinary conditions exist, the Commission may reschedule the
hearing to a later date. However, under no circumstances will the Commission grant a hearing
more than 30 days later than the hearing date originally set. In any application docket, the
Commission will not entertain any motion for continuance which, if granted, will cause the
Commission to exceed the statutory deadline.
RULE (4 CCR) 723-1-70 APPLICATIONS - FIXED UTILITIES - NOTICE
723-1-70(a) Generally. When an application is filed and a docket number is assigned to it, the
Commission Director, within 5 working days of the filing, shall issue and mail a notice of the filing
under Rule 63. Telecommunications applications related to matters contained in 4 CCR 723-25
may be noticed as outlined in 4 CCR 723-25 therein.
During the notice period, the Commission Staff shall determine if the application meets the requirements
of Rules 55 through 58. If the application meets the requirements and the notice period has expired, the
application will be placed on the Commission agenda for consideration at the next open meeting.
If the application does not meet the requirements of Rules 55 through 58, Staff shall give written or
electronic notification to the applicant of the information or documentation necessary to meet the
requirements. Once the required information is provided and the notice period has expired, the application
will be placed on the Commission agenda for consideration at the next open meeting.
If the applicant does not provide the required information or documentation, within 10 days after being so
advised by Staff, or if the applicant believes the additional information is not required and so advises Staff
in writing, setting forth the grounds for its belief, Staff will place the application on the Commission agenda
for consideration at the next open meeting after the 10-day response time and after the notice period
have expired.
The Commission shall review the submitted application and supporting information and documentation,
and the applicant's statement, if any. If it determines that the application is complete, the Commission
shall issue a decision containing that determination. The application is deemed complete on the date of
mailing of that Commission decision. If the Commission determines that the application is not complete,
the Commission will both reject the application absent unusual or extraordinary circumstances and close
the docket. Telecommunications applications related to matters contained in 4 CCR 723-25 shall be
deemed complete in the process outlined therein.
If the Commission fails to mail its decision on the status of an application by the fifteenth day following the
expiration of the notice period or fifteen days after the application was last supplemented, or the receipt of
applicant's advise that no additional information or documentation is necessary, whichever date is later,
the application shall be deemed complete as of the fifteenth day.
723-1-70(b) Contents of Notice. The Commission Director shall issue or create electronically a notice of
the filing of the application. The notice shall contain:
723-1-70(b)(1) The caption and docket number of the proceeding.
723-1-70(b)(2) The date the application was filed.
723-1-70(b)(3) A statement concerning whether the applicant has pre-filed testimony and exhibits
and is seeking a Commission decision within 120 days.
723-1-70(b)(4) A statement concerning whether the applicant has waived the time-limits for
processing the application under § 40-6-109.5, C.R.S. (1993).
723-1-70(b)(5) The date by which any notice of intervention or petition to intervene must be filed.
The date ordinarily will be 30 days after the mailing of the notice. Unless otherwise
ordered by the Commission upon a finding of good cause, the time period for intervention
shall not be less than 10 days or more than 30 days after the mailing of the notice. As a
matter of right, Staff may intervene up to 10 days after the date the application is deemed
complete.
723-1-70(b)(6) A statement that the proceeding may be considered by the Commission without a
hearing if the application is deemed complete and no notice of intervention or petition to
intervene is timely filed.
723-1-70(b)(7) If the applicant did not file its testimony, or a detailed summary of testimony, and
copies of its exhibits with its application, a statement that the applicant is required to file
its testimony, or a detailed summary of testimony, and copies of its exhibits not later than
15 days after the date the application is deemed complete. The applicant shall file and
serve its testimony, or a detailed summary of testimony, and copies of its exhibits in
accordance with Rule 22(f) if the Commission Staff is not a party or in accordance with
Rule 7(b)(5) if the Commission Staff is a party.
723-1-70(b)(8) A statement requiring each intervenor to file and to serve its testimony, or a
detailed summary of testimony, and copies of its exhibits not later than 10 days before the
first day of the hearing. Applications shall be set not sooner than 45 days nor more than
70 days after the date the application was deemed complete. Each intervenor shall file
and serve its testimony, or a detailed summary of testimony, and copies of its exhibits in
accordance with Rule 22(f) if the Commission Staff is not a party or in accordance with
Rule 7(b)(5) if the Commission Staff is a party.
723-1-70(b)(9) A statement that no witness will be permitted to testify and no exhibit will be
received in evidence, except in rebuttal, unless filed and served as provided in the notice.
723-1-70(b)(10) A statement that, if a party does not meet the requirements of the notice, the
Commission may dismiss the application or an intervention upon motion filed by any
cause for the failure to meet the requirements is shown.
723-1-70(b)(11) A statement that no motion for continuance of the hearing date will be granted
except upon a finding of extraordinary conditions.
723-1-70(b)(12) A statement that the commission will notify the parties of the hearing date, time,
and location.
723-1-70(b)(13) A statement that, at the time of the notice, the Commission has not deemed the
application complete within the meaning of § 40-6-109.5, C.R.S. (1993).
723-1-70(b)(14) Any other statement required by or deemed appropriate by the Commission.
723-1-70(c) Change in Hearing Date - Usual Course. Unless extraordinary conditions exist (Rule 70(d)),
a party seeking a change of hearing date shall file a motion to accelerate. In the motion, the party
filing the motion shall provide available dates earlier than the scheduled hearing date. The
available dates must be both available on the Commission calendar and acceptable to all parties.
If agreement cannot be reached, the motion to accelerate shall contain available dates on the
Commission calendar and all available dates for all parties.
723-1-70(d) Change in Hearing Date - Extraordinary Conditions.
The Commission may consider a request to continue a hearing date to a later date. A party seeking to
continue a hearing must file a motion for continuance. That motion must state the extraordinary conditions
that make the request necessary and if the Commission cannot meet the statutory requirements of § 406-109.5 must request issuance of notice and a hearing at which the moving party will have the burden of
proving the existence of the stated extraordinary conditions. If, after hearing, the Commission determines
that extraordinary conditions exist, the Commission may reschedule the hearing to a later date. However,
under no circumstances will the Commission grant a hearing date more than 30 days later than the
hearing date originally set. In any application docket, the Commission will not entertain any motion for
continuance which, if granted, will cause the Commission to exceed the statutory deadline.
723-1-70(e) WAIVER. With the application, before the application is deemed complete, or at any time
within 210 days after an application is deemed complete, the applicant may file a written waiver of
the time limits contained in § 40-6-109.5, C.R.S. (1993). If an application is a joint application, any
one of the applicants may file a written waiver of the time limits contained in § 40-6-109.5, C.R.S.
(1993). Upon filing of the written waiver, the Commission is not bound by the time limits contained
in § 40-6-109.5, C.R.S. (1993).
RULE 71 TRANSPORTATION - UTILITIES - NOTICE
(a) GENERALLY. When an application is received, the Commission Staff, within five working days, shall
determine if it meets the requirements of Rule 50. If the application meets the requirements of
Rule 50, the Commission Director shall within 20 days of receipt of the application issue and mail
a notice of the filing under Rule 63 and a notice of hearing date.
If the application does not meet the requirements of Rule 50, Staff shall promptly notify the applicant of
the information or documentation necessary to meet the requirements. Staff shall set a time within which
the applicant must supply the required information or documentation. Within five working days of receipt
of the required information or documentation, Staff shall review the application to determine if it meets the
requirements of Rule 50. Within 20 days of receiving the required information or documentation, the
Commission Director shall issue and mail a notice of the filing under Rule 63 and a notice of hearing date.
At the conclusion of the notice period, the Commission shall determine whether or not the application is
complete. If the application is noncontested and the Commission handles the application on modified
procedure, the Commission order granting the application will deem the application complete. If the
application is contested, the Commission will send a notice deeming the application complete. Contested
applications are deemed complete on the date the Commission mails the notice deeming the application
complete. This notice may be effected by written Commission order, by minute order, or by notice signed
by the Director of the agency. The Commission shall make its determination on deeming applications
complete within 14 days after the conclusion of the notice period for applications filed pursuant to § 40-6109.5(1), C.R.S. (1993), and within 21 days after the conclusion of the notice period for applications filed
pursuant to § 40-6-109.5(2), C.R.S. (1993). If the application does not meet the requirements of Rule 50,
the Commission will reject the application absent unusual or extraordinary circumstances and close the
docket.
(b) Contents of Notice. The Commission Director shall issue a notice of the filing of the application. The
notice shall contain:
(1) The caption and docket number of the proceeding.
(2) The date by which any notice of intervention or petition to intervene must be filed. The date
ordinarily will be 30 days after the mailing of the notice. As a matter of right, staff may
intervene up to 10 days after the date the application is deemed complete.
(A) Unless otherwise ordered by the Commission upon a finding of good cause, the time
period for intervention shall not be less than 10 days or more than 30 days after
the mailing of the notice.
(B) For an application for temporary authority, the date for intervention shall ordinarily be
five days after the mailing of the notice.
(3) A statement that the proceeding may be considered by the Commission without a hearing if
the application is deemed complete and no notice of intervention or petition to intervene
is timely filed.
(4) If the applicant did not file its testimony, or a detailed summary of testimony, and copies of its
exhibits with its application, a statement that the applicant is required to file its list of
witnesses and copies of its exhibits within 10 days after the conclusion of the notice
period. The applicant shall file and serve its list of witnesses and copies of its exhibits in
accordance with Rule 22(f) if the Commission Staff is not a party or in accordance with
Rule 7(b)(5) if the Commission Staff is a party.
(5) A statement that each intervenor is required to file and to serve its list of witnesses and copies
of its exhibits. The notice shall contain one of the following time periods:
(A) When the applicant filed its testimony and copies of its exhibits with its application,
each intervenor shall file its list of witnesses and copies of its exhibits not later
than 10 days after the conclusion of the notice period.
(B) When the applicant did not file its testimony and copies of its exhibits with its
application, each intervenor shall file its list of witnesses and copies of its exhibits
not later than 20 days after the notice period has expired. Each intervenor shall
file and serve its list of witnesses and copies of its exhibits in accordance with
Rule 22(f) if the Commission Staff is not a party or in accordance with Rule 7(b)
(5) if the Commission Staff is a party.
(6) A statement that no witness will be permitted to testify and no exhibit will be received in
evidence, except in rebuttal, unless filed and served as provided in the notice.
(7) A statement that, if a party does not meet the requirements of the notice, the Commission
may dismiss the application or intervention upon motion filed by any other party, or upon
the Commission's own motion, unless good cause for the failure to meet the
requirements is shown.
(8) A statement that no motion for continuance of the hearing date will be granted except upon a
finding of extraordinary conditions.
(9) A statement that the commission will notify the parties of the time and location for the hearing.
(10) A statement that, at the time of the notice, the Commission has not deemed the application
complete within the meaning of § 40-6-109.5, C.R.S. (1993).
(11) Any other statement required by or deemed appropriate by the Commission.
(c) CHANGE IN HEARING DATE - USUAL COURSE. Unless extraordinary conditions exist (Rule 71(e)),
a party seeking a change of hearing date shall file a motion to accelerate. In the motion, the party
filing the motion shall provide available dates earlier than the scheduled hearing dates. The
available dates must be both available on the Commission calendar and acceptable to all parties.
If agreement cannot be reached, the motion to accelerate shall contain available dates on the
Commission calendar and all available dates for all parties.
(d) CHANGE IN HEARING DATE -EXTRAORDINARY CONDITIONS. The Commission may consider a
request to continue a hearing date to a later date. A party seeking to continue a hearing must file
a motion for continuance. That motion must state the extraordinary conditions that make the
request necessary and must request issuance of notice and a hearing at which the moving party
will have the burden of proving the existence of the stated extraordinary conditions. If, after
hearing, the Commission determines that extraordinary conditions exist, the Commission may
reschedule the hearing to a later date. However, under no circumstances will the Commission
grant a hearing date more than 30 days later than the hearing date originally set. In any
application docket, the Commission will not entertain any motion for continuance which, if
granted, will cause the Commission to exceed the statutory deadline.
(e) WAIVER. With the application, before the application is deemed complete, or at any time within 210
days after an application is deemed complete, the applicant may file a written waiver of the time
limits contained in § 40-6-109.5, C.R.S. (1993). If an application is a joint application, any one of
the applicants may file a written waiver of the time limits contained in § 40-6-109.5, C.R.S. (1993).
Upon filing of the written waiver, the Commission is not bound by the time limits contained in §
40-6-109.5, C.R.S. (1993).
SOURCE: New
RULE (4 CCR) 723-1-72. ORDERS TO SATISFY OR ANSWER A COMPLAINT AND AND NOTICE
AND ORDER SETTING HEARING - WAIVER OF REQUIREMENTS.
723-1-72(a) Content. When a complaint is filed, the Commission Director shall attach to the complaint an
order to satisfy or answer along with a notice and order setting the date, time, and place of the
hearing. The Director shall serve a copy of the complaint and attached order and notice upon the
respondent and complainant by first class mail. The order to satisfy or answer shall contain, to the
extent appropriate:
723-1-72(a)(1) The date by which the complaint must be satisfied or answered, under Rule 61(d)
(1);
723-1-72(a)(2) A statement that if the complaint is satisfied and adequate evidence of satisfaction
is presented to the Commission, the complaint shall be dismissed;
723-1-72(a)(3) A statement that if the complaint is not satisfied, or if no answer is filed within the
time required, the Commission may act under Rule 61(d)(3);
723-1-72(a)(4) A statement requiring the complainant to certify in writing to the Commission
Director within 15 days after the time for filing of the answer expires, that he/she desires
either to proceed to hearing or to withdraw the complaint;
723-1-72(a)(5) A statement requiring the complainant to submit within 10 working days after an
answer to a complaint is filed a list containing the name, address, and title of each of its
witnesses, along with two copies of each exhibit which it plans to present at the hearing.
Copies of the witness list and exhibits shall be served upon all parties to the proceeding;
723-1-72(a)(6) A statement requiring respondent to file within 10 working days after complainant
has filed and served upon the respondent utility through its attorneys a list of witnesses
and exhibits, or if a counter complaint has been filed, complainant's answer to counter
complaint, a list containing the name, address, and title of each witness, with two copies
of each exhibit which it plans to present at the hearing, unless otherwise ordered by the
Commission. Copies of the witness list and exhibits shall be served upon all parties to the
proceeding;
723-1-72(a)(7) A statement that no witness shall be permitted to testify, nor shall any document
be received in evidence, except in rebuttal, unless filed and served as provided in the
order;
723-1-72(a)(8) A statement authorizing the Commission, if a party fails to meet these
requirements, to dismiss the complaint or answer upon non-filing;
723-1-72(a)(9) A statement that, within 7 days after the notice and order setting hearing, a party
may request a different date, time, or place for hearing by filing an appropriate pleading
setting forth the reason for the request, with such request suggesting new hearing dates
which are available to all parties, if different dates are requested;
723-1-72(a)(10) A statement that no exception to the procedure described in the order shall be
made except upon timely motion showing good cause;
723-1-72(a)(11) A statement that, except as provided in the above Rule 72(a)(9), no change in
hearing date shall be granted except upon timely motion showing good cause; and
723-1-72(a)(12) Any other Commission requirement.
723-1-72(b) Waiver of Requirements.
723-1-72(b)(1) Rule 72(a) shall not be applied strictly to a pro se complainant, unless he/she is
an attorney. The Commission will ordinarily deny a motion to dismiss based upon a failure
of a pro se complainant to comply with the provisions of Rule 72(a), et seq.
723-1-72(b)(2) A pro se complainant, may request a waiver of any requirement of these rules, or
the rules of civil procedure. The Commission may grant the waiver, unless the request is
prohibited by law, will not provide for the proper procedural handling of the matter, or will
not promote the ends of justice.
723-1-72(c) Burden of Proof at Complaint Hearing. Complainants have the burden of proving, by a
preponderance of the evidence, all material allegations in their complaint.
723-1-72(c)(1) The complainant's burden may be met by the testimony of witnesses and
documentary evidence. Complainant may meet this burden by sufficient reliable and
trustworthy hearsay evidence, as long as the hearsay evidence possesses probative
value commonly accepted by reasonable and prudent persons in the conduct of their
affairs. Hearsay evidence which is not relevant or is unreliable, by itself, is not sufficient to
meet the complainant's burden of proof.
723-1-72(c)(2) Persons, firms, corporations, and other legal entities, including Staff of the
Colorado Public Utilities Commission, may intervene pursuant to Rule 64, and participate
in the proceeding as permitted by law. The Commission may find that a public interest
issue exists in a complaint case, sufficient to warrant staff intervention pursuant to Rule
64(b), if one or more of the following criteria are found to exist:
723-1-72(c)(2)(A) That resolution of the issues raised in the complaint may affect a
significant number of utility customers.
723-1-72(c)(2)(B) That a significant utility practice or policy is in issue in the case.
723-1-72(c)(2)(C) That substantial refunds, or significant utility expenditures, may
possibly be ordered as a remedy in the case.
723-1-72(c)(2)(D) That a significant enforcement issue is presented.
RULE 73 Orders to Show Cause - Contents
(a) Institution. Staff of the Commission may request, at any time, that the Commission institute a showcause proceeding. When Staff seeks to start a show-cause proceeding, it shall present the
reasons at a Commission open meeting. If the Commission determines to institute a show-cause
proceeding, it shall direct Staff to prepare a proposed show-cause order and notice of hearing.
(b) Service. The Commission Secretary shall serve a copy of all Commission show-cause orders and
notices on the respondent by first-class mail.
(c) Contents. An order to show cause and notice of hearing shall contain, to the extent appropriate:
(1) The caption and case number;
(2) A clear statement of the facts and law which are the bases for the issuance of the order;
(3) The relief, remedy, or sanction that may be ordered;
(4) The date, time, and place of the hearing;
(5) A statement requiring the Staff to file, at least 30 days before hearing, two copies of a list
containing the name, address, and title of each of its witnesses, and two copies of each
of the exhibits which it plans to present at the hearing. Copies of the list and exhibits shall
be served upon all parties to the proceeding, unless otherwise ordered by the
Commission;
(6) A statement requiring the respondent to file, at least 20 days before the hearing two copies of
a list containing the name, address, and title of each of its witnesses, and two copies of
each of the exhibits which it plans to present at the hearing. Copies of the list and exhibits
shall be served upon all parties to the proceeding, unless otherwise ordered by the
Commission;
(7) A statement that no witness shall be permitted to testify nor shall any document be received
in evidence, except in rebuttal, unless served and filed as provided in the order;
(8) A statement authorizing the Commission, if the Staff or the Respondent does not meet the
above requirements, to dismiss the proceeding or any defense, upon motion filed by any
other party, unless good cause for non-filing is shown;
(9) A statement that no motion for continuance shall be granted if filed within 20 days before the
first day of the hearing, except for good cause shown;
(10) A statement that no exception to the procedure in the order shall be made except upon
timely motion showing good cause; and
(11) Any other Commission requirement;
(12) The provisions of Rules 73(c)(5) through (10) need not be included in insurance, application,
annual report, tariff, and revenue stamp show cause proceedings.
(d) Proposed Show-cause Order-Submission of Written Data. When the Commission seeks to revoke,
suspend, annul, limit, or modify any Commission authority, it first shall issue a proposed order to
show-cause and notice of hearing.
(1) All proposed orders to show-cause and notice of hearing shall be served on the proposed
respondent by first class mail.
(2) All proposed orders to show-cause and notice of hearing, shall give the proposed respondent
notice in writing of the facts or conduct that may warrant revocation, suspension,
annulment, limitation, or modification of its authority, and shall afford him the opportunity
to submit, within 30 days, written data, views, and arguments with respect to the facts or
conduct; and
(3) Except in cases of willful violation, all proposed orders to show-cause and notice of hearing
shall give the proposed respondent a reasonable opportunity to comply with all lawful
requirements.
(e) Emergency Show-cause Proceedings. The Commission may institute an emergency show-cause
proceeding when warranted. If the Commission institutes an emergency show-cause proceeding,
it may:
(1) Issue necessary emergency interim procedural orders;
(2) Set the emergency show-cause proceeding for an expedited hearing; and
(3) Waive any appropriate portion of Rule 73(c)(5) through (10).
(f) MOTOR CARRIER INSURANCE SHOW CAUSE PROCEEDINGS
(1) WHENEVER THE COMMISSION RECORDS INDICATE THAT A MOTOR CARRIER'S
LIABILITY INSURANCE IS CANCELED, AND THERE IS NO PROOF ON FILE WITH
THE COMMISSION INDICATING REPLACEMENT COVERAGE, THE CARRIER'S
AUTHORITY WILL BE SUMMARILY SUSPENDED UNTIL THE COMMISSION
RECEIVES PROPER PROOF OF NEW COVERAGE AS REQUIRED BY COMMISSION
RULES, OR UNTIL THE CARRIER'S AUTHORITY IS REVOKED PURSUANT TO-THE
COMMISSION'S SHOW CAUSE PROCEDURES.
(A) A CARRIER RECEIVING NOTICE OF SUMMARY SUSPENSION SHALL NOT
CONDUCT OPERATIONS UNDER ITS AUTHORITY OR PERMIT UNTIL
PROPER PROOF OF INSURANCE IS FILED WITH THE COMMISSION.
(B) WHEN PROPER PROOF OF INSURANCE IS RECEIVED BY THE COMMISSION,
THE SUMMARY SUSPENSION WILL BE LIFTED WITHOUT FURTHER ORDER
OF THE COMMISSION.
(2) THE DIRECTOR OF THE COMMISSION SHALL SEND A NOTICE OF SHOW CAUSE
PROCEEDINGS TO A MOTOR CARRIER THAT FAILS TO MAINTAIN PROPER PROOF
OF INSURANCE AS REQUIRED BY COMMISSION RULES. THE NOTICE SHALL
ADVISE THE CARRIER THAT ITS AUTHORITY TO OPERATE IS SUMMARILY
SUSPENDED.
RULE 74 Investigation and Suspension (I&S) Proceedings - Contents of Suspending Decision
(a) Suspension of Tariff. The Commission shall issue a decision which suspends and sets for hearing any
tariff filed to become effective in 30 or more days, if the Commission believes that the tariff may
be improper.
(b) Contents of Suspending Decision. The Commission decision suspending and setting tariffs for
hearing shall contain to the extent appropriate, the following:
(1) the caption and docket number;
(2) the date any petition to intervene must be filed under Rule 64(c);
(3) a clear and concise statement of the facts and law for the issuance of the decision;
(4) the initial suspension period;
(5) the date, time and place of hearing, if scheduled;
(6) a statement requiring respondent to file at least 60 days, or less if ordered, before the first
day of hearing:
(A) six copies of a list containing the name, address, and title of each of its witnesses;
(B) ten copies of a list of the proposed testimony and exhibits to be presented at hearing;
(7) a statement requiring any intervenor (including Staff) to file at least 20 days before hearing 10
copies of a list containing the name, address, and title of each witness, and 10 copies of
proposed testimony and exhibits to be presented at the hearing.
(8) a statement that no witness shall be permitted to testify nor shall any document be received
in evidence, except in rebuttal, unless served and filed as required in the decision;
(9) a statement authorizing the Commission, if the respondent does not meet the requirements,
to reject the tariff, upon motion of the Commission or any party, unless good cause for the
non-filing is shown;
(10) a statement providing that no motion for any continuance shall be granted if filed within 20
days before the first day of hearing, except for good cause shown;
(11) a statement that no objection to the procedure established in the decision shall be granted
except upon timely motion showing good cause; and
(12) Any other Commission requirement.
(c) Pre-hearing Conference. The Commission may provide in the decision for a pre-hearing conference.
If a pre-hearing conference is established, the date, time, and place shall be stated, and the
provisions of Rule 74(b)(5) through (7) need not be included in the decision.
(d) Tariffs Filed by Rural Electric Cooperatives. The Commission may set any tariff filed by a jurisdictional
rural electric cooperative association for hearing. All provisions of Rule 74 shall apply to the filing
other than that part which suspends the tariff.
--SOURCE: New.
--RULE 75 Rulemaking Proceedings - Contents of Notice
(a) Proposed Rule. When the Commission determines to adopt, amend, or repeal a rule, it shall direct the
Staff to prepare a proposed rule.
(b) Institution of Rulemaking Proceeding. The Commission shall institute rulemaking proceedings by first
issuing a proposed rule. The Commission then shall send a copy to the Office of Regulatory
Reform, and at least 20 days afterwards, in its decision implementing the rulemaking procedure,
require the Commission Secretary to serve a copy of the proposed rule and notice of rulemaking
under Rules 63(a) through (c), by first class mail.
(c) Contents of Decision and Notice of Proposed Rulemaking. The decision and notice of proposed
rulemaking shall contain:
(1) The caption and case number;
(2) The proposed rule either in or attached to the decision, and incorporate by reference into the
body of the rule a clear and concise statement of the basis and purpose and the statutory
authority for the issuance of the proposed rule;
(3) The date, time, and place of the hearing if scheduled by the Commission;
(4) The date by which intervention and written objections, suggestions, or proposed modifications
to the proposed rule or requests for hearing shall be filed;
(5) A statement that no motion for continuance shall be granted if filed within 20 days before the
first day of any scheduled hearing, except for good cause shown; and
(6) Any other Commission requirement.
(d) Petition for Issuance, Amendment, or Repeal of a Rule. Any interested person may petition the
Commission for the issuance, amendment, or repeal of a rule. The petition shall be open to public
inspection. Action on the petition shall be within Commission discretion; but when the
Commission institutes rulemaking on any matter, all related petitions for issuance, amendment, or
repeal of any rule on the matter shall be considered and acted upon in the same proceeding.
--Source: New.
--RULE (4 CCR) 723-1-76 OTHER PROCEEDINGS - CONTENTS OF NOTICE.
The statements, provisions and requirements of Rules 71 through 75 shall be included in any notice to the
extent they are not specifically covered by any Rule.
RULE (4 CCR) 723-1-77. DISCOVERY - TIME - PROCEDURE.
723-1-77(a) Time for Discovery. Any party may commence formal discovery upon any other party at any
time.
723-1-77(b) Procedure for Discovery.
723-1-77(b)(1) Unless otherwise ordered, depositions and discovery procedures provided in
Rules 26 through 37 of the Colorado Rules of Civil Procedure shall be applied to
Commission proceedings, other than rulemaking proceedings; except, responses to
discovery shall be served within 10 days of service of the discovery request. When
reference is made in the Colorado Rules of Civil Procedure to a Court order, it shall mean
an order of the Commission, a hearings commissioner, or administrative law judge. No
deposition or discovery shall be permitted except by a party.
723-1-77(b)(2) Unless otherwise ordered, discovery requests, interrogatories, responses to
discovery requests, depositions, documents provided in response to interrogatories,
requests for production or inspection, or requests for admissions, shall not be filed with
the Commission, but shall be maintained by the parties.
723-1-77(b)(3) A party objecting to a discovery request must serve its written objection to
discovery within five working days of the date of receipt of the discovery. The objection
shall state the grounds for objection.
723-1-77(b)(4) After making a good faith effort to resolve any discovery dispute, the party
seeking the discovery may file a motion to compel discovery. This motion must be filed
within ten working days of the receipt of the objection.
723-1-77(b)(5) Resolution of discovery disputes will take precedence over other matters.
723-1-77(b)(6) Discovery materials shall be filed in connection with discovery motions, when
pertinent and material to the proceeding, and when used in a hearing.
723-1-77(c) Transportation Discovery Procedures. In any transportation proceeding, the parties shall be
limited to the following methods of discovery unless otherwise ordered by the Commission for
good cause shown:
723-1-77(c)(1) No Deposition shall be taken of any party.
723-1-77(c)(2) A party may serve upon each adverse party one set of written interrogatories and
request for admissions which shall not exceed in the aggregate 20 in number, each of
which shall consist of a single question and/or request.
723-1-77(c)(3) Data requests for documents or tangible things shall not exceed a total of 6
months of the 12-month period immediately preceding commencement of the proceeding,
and inspection copying shall be accomplished pursuant to Rule 34, C.R.C.P.
723-1-77(c)(4) Motions to Compel Discovery shall not be filed in transportation proceedings. In
not less than seven days prior to hearing, any party adversely affected by failure of
another party to respond to discovery may file a Motion to Dismiss that party, or in the
alternative a Motion in Limine to limit evidence presented.
723-1-77(c)(5) Inspection and copying of documents or tangible things shall be accomplished
pursuant to Rule 34, C.R.C.P.
RULE (4 CCR) 723-1-78 SPECIAL PROCEDURES IN CERTAIN FIXED UTILITIES PROCEEDINGS.
(a) Applicability of Rule. This Rule applies to all proceedings where a fixed utility files an application or
tariffs with the Commission which would increase the utility's revenues on an annual basis by
$2,500,000 or more over the level of revenues received in the 12 months immediately before the
filing, or in any other fixed utility case where the Commission orders that this Rule, in whole or in
part, applies. However, this Rule does not apply to applications filed under previously approved
adjustment clauses.
(b) Testimony and Exhibits to be Filed. In all fixed utility filings under Rule 78(a), the utility shall file, with
its application or tariffs, ten copies of its direct case testimony and exhibits.
(c) Format of Written Testimony and Exhibits. When these rules, any order, or any notice require that
written testimony, however designated, be filed or prefiled, it shall be typewritten on paginated 81/2 by 11 inch paper, each line serially numbered on the left-hand margin, and double spaced,
except for indented quotations and footnotes which may be single spaced.
(1) The cover sheet for written testimony shall contain the caption of the proceeding, the name of
the witness and the party for whom the witness is testifying, and whether it is direct,
rebuttal, cross-rebuttal, or other testimony.
(2) Exhibits accompanying written testimony shall be numbered in sequence and shall be
physically contained in the same document as the testimony, except where exhibits
exceed 30 pages in length. Exhibits over 30 pages shall be bound and separated from
filed testimony. Exhibits accompanying written testimony shall be numbered under Rule
78(e).
(d) Table of Contents and Tabulation. If testimony exceeds 20 pages and deals with more than one
subject, it shall contain a table of contents and may be tabulated.
(e) Numbering of Exhibits. A separate set of arabic-numbered exhibits, beginning with 1, shall designate
exhibits of each witness regardless of whether the exhibit is appended to, or related to direct,
rebuttal, cross-rebuttal, surrebuttal, or other designated testimony. For example, if a witness
provides direct and rebuttal testimony for a party, and the direct testimony is accompanied by ten
exhibits, and the rebuttal testimony is accompanied by five exhibits, the exhibits accompanying
the direct testimony shall be serially numbered 1 through 10, and the exhibits accompanying the
rebuttal testimony shall be serially numbered 11 through 15.
(f) Correction of Written Testimony and Exhibits. Filed written testimony and exhibits may not be
corrected, other than as provided in this Rule. Extensive corrections of testimony or exhibits shall
be accomplished by filing revised testimony or exhibits using the same arabic numeral as the
original with a hyphenated designation that the exhibit is revised, i.e., Exhibit 1-2nd Rev.
(1) Minor corrections may be made to written testimony and exhibits by a witness on the witness
stand.
(2) More than two revisions, or any revision longer than one line, to written testimony and
exhibits shall only be accomplished by substituted revised pages.
(g) Format of Statements of Position and Briefs. Briefs and statements of position shall be typewritten,
paginated, double spaced (except for indented quotations and footnotes which may be single
spaced), on 8-1/2 by 11 inch paper.
(1) Statements of position and briefs shall have a cover sheet containing the caption of the
proceeding, a designation of the document as a statement of position or brief, the name
of the party and the name, registration number, address and phone number of the
attorney who prepared the document for the party.
(2) Statements of position or briefs which exceed 20 pages and deal with more than one subject
shall contain a table of contents and shall be tabulated.
(h) Cover Sheet. Pleadings which exceed six pages shall have a cover sheet indicating the designation
of the pleading, the name of the party and the name, registration number, address and phone
number of the attorney who prepared the document for the party.
(i) Service of Utility Testimony and Exhibits. If any matter under Rule 78(a) is set for hearing, the utility
shall serve copies of its testimony and exhibits upon each party within seven days after receipt of
notice that an entity or person has become a party.
(1) The testimony and exhibits filed with the utility's application or tariff shall be subject to
reasonable additions, modifications, or deletions under Rule 78(f).
(2) Any addition, modification, or deletion to filed testimony by a substituted revised page shall be
promptly served on all parties and promptly filed with the Commission.
723-1-78(j) Service or Other Testimony and Exhibits. Unless otherwise ordered, in matters set for hearing
under Rule 78, all other parties, including Staff, shall serve and file their testimony and exhibits, if
any, no later than 20 days before the first day of hearing.
723-1-78(k) Other Filing Requirements. Any testimony and exhibits corrected at the time of hearing by a
substituted revised page shall be immediately served upon all parties. Any other rule requirement,
that a party file a list of witnesses, exhibits, testimony or detailed summary before hearing,
applies to filings under this Rule, to the extent not inconsistent with this Rule.
RULE (4 CCR) 723-1-79. CONSOLIDATION - PRE-HEARING CONFERENCES.
723-1-79(a) Consolidation. The Commission may consolidate proceedings where the issues are
substantially similar and the rights of the parties will not be prejudiced.
723-1-79(b) Pre-Hearing Conferences. At any time during a proceeding, the Commission, a hearings
commissioner, or an administrative law judge may order that a pre-hearing conference be held to
expedite the hearing or settle issues, or both. The conference shall be held after the close of the
intervention period.
723-1-79(b)(1) The order shall direct the attorneys for the parties, and pro se parties, to appear
at the pre-hearing conference to consider any of the matters listed in Rule 79(b)(5).
723-1-79(b)(2) Notice of the date, time, and place of the pre-hearing conference shall be given
by the Commission to all attorneys for the parties and to pro se parties.
723-1-79(b)(3) All parties shall be prepared to discuss all procedural and substantive issues, and
shall be authorized to make binding commitments on all procedural and substantive
issues. Preparation should include advance study of all materials filed and materials
obtained through discovery.
723-1-79(b)(4) Failure of any person to attend the pre-hearing conference, after being served
with notice of the date, time, and place, shall be a waiver of any objection to any
agreement reached, or to any order or ruling made at the pre-hearing conference. A prehearing statement may be required of a party.
723-1-79(b)(5) At any pre-hearing conference, the following matters may be considered:
723-1-79(b)(5)(A) If the parties have not agreed to mediate a complaint, mediation may
be offered;
723-1-79(b)(5)(B) Offers of settlement or designation of issues;
723-1-79(b)(5)(C) Simplification of and establishment of a list or summary of the issues;
723-1-79(b)(5)(D) Exchange and acceptance of service of exhibits proposed to be
offered in evidence, and establishment of a list of exhibits to be offered;
723-1-79(b)(5)(E) In complaint proceedings, if no motion to dismiss has been filed,
jurisdiction over the complaint, or any portion thereof may be considered and
ruled on by the presiding officer;
723-1-79(b)(5)(F) Admissions as to, or stipulation of, facts not remaining in dispute or the
authenticity of documents;
723-1-79(b)(5)(G) Limitation of the number of expert witnesses, and establishment of a
list of witnesses to be called;
723-1-79(b)(5)(H) Disposition of procedural motions;
723-1-79(b)(5)(I) Timetable for the completion of discovery, if discovery has not been
completed; and
723-1-79(b)(5)(J) Other matters raised by the parties, the Commission, or presiding
officer.
723-1-79(b)(6) Any agreement reached at a pre-hearing conference shall be reduced to writing
and shall be filed with the presiding officer, who shall enter a decision approving or
disapproving it, or recommend modification as a condition for approval. An agreement
which is disapproved shall be privileged and inadmissible as evidence in any
Commission proceeding.
723-1-79(b)(7) If an attorney for a party or any pro se party attending a pre-hearing conference
unreasonably refuses to admit or stipulate to the genuineness of any document or the
truth of any matter of fact which is later proven, the requesting party may apply for an
order requiring the other party to pay him the reasonable expenses incurred in making
the proof, including reasonable attorney's fees. The request will be granted unless it is
found that there were good reasons for the refusal to admit or stipulate or that the
admission or stipulation sought was of no substantial importance.
723-1-79(b)(8) The Commission may designate an administrative law judge or hearings
commissioner to preside over any pre-hearing conference or to rule on preliminary
matters in any proceeding pending before the Commission, which is designated to be
heard by the Commissioners.
RULE (4 CCR) 723-1-80 CONDUCT OF HEARINGS - GENERAL - LIMITATIONS ON PARTICIPATION
BY INTERVENORS - ABSENCE FROM HEARINGS - CONTINUANCES.
723-1-80(a) Conduct of Hearings - General. Hearings shall be conducted by two or more commissioners,
or by an individual commissioner sitting as a hearings commissioner, or by a hearings examiner
designated by the Commission. Whenever the hearing is conducted by the Commission, the
Chairman or the senior commissioner present ordinarily shall preside.
723-1-80(a)(1) Hearings shall be held at locations in the state as designated by notice or order,
and shall be open to the public. Any person who is disruptive, abusive, or disorderly may
be excluded from the hearing.
723-1-80(a)(2) At the commencement of a hearing, the presiding officer shall call the hearing to
order, take appearances, and act upon any pending motions, petitions or preliminary
matters. The parties then may make opening statements or reserve them to a later time
in the proceeding. A witness, before being permitted to testify, shall be required to swear
or affirm that the testimony he is about to give is true. A witness who refuses to swear or
affirm shall not be permitted to testify.
(3) Before the commencement of a hearing, the parties shall ordinarily have all exhibits and
testimony marked by the reporter, which they intend to present at the proceeding.
(b) Limit on Participation by Intervenors. Where two or more intervenors have substantially similar
interests and positions, the presiding officer may limit cross-examination or argument on motions
and objections to fewer than all the intervenors.
(c) Absence from Hearings - Continuances. If after notice, any party to a proceeding does not appear at a
hearing either in person or by counsel, or if after making an appearance is absent, the matter may
be heard in the party's absence. The Commission may grant continuances for good cause shown.
--SOURCE: Prior Rule 14.A, B, E, J and P.
--RULE 81 Admissibility of Evidence
(a) Technical Rules of Evidence.
(1) The Commission shall not be bound by the technical rules of evidence, and informality in any
proceeding or in the manner of taking testimony shall not invalidate any Commission
order, decision, rule or regulation.
(2) Although the Commission is not bound by the technical rules of evidence, to promote
uniformity in the admission of evidence, the Commission, to the extent practical, shall
observe and conform to the Colorado Rules of Evidence applicable in civil non-jury cases
in the district courts of Colorado.
(b) Variance from Rules of Evidence.
(1) When necessary to ascertain facts affecting substantial rights of the parties to a proceeding,
the Commission may receive and consider evidence not admissible under the rules of
evidence, if the evidence possesses probative value commonly accepted by reasonable
and prudent persons in the conduct of their affairs.
(2) When the Colorado Rules of Evidence are applied to Commission hearings, unless the
context otherwise requires, wherever the words court, judge, or jury appear in any
Colorado Rule of Evidence, they shall mean the Commission, a hearings commissioner,
or a hearings examiner.
--SOURCE: Prior Rule 14.H in part; and new in part.
--RULE 82 Burden of Proof - Burden of Going Forward
(a) Order of Presentation of Evidence - Burden of Proof and of Going Forward. Unless previously agreed
to or assumed by a party, the burden of proof and the burden of going forward shall be on the
party first-listed below. The parties also shall present evidence in the following order:
(1) Applications:
(A) Applicant;
(B) Intervenor, Staff;
(C) Rebuttal.
(2) Formal Complaints:
(A) Complainant;
(B) Respondent, Intervenor, Staff;
(C) Rebuttal.
(3) Show Cause Proceedings:
(A) Staff;
(B) Respondent, Intervenor;
(C) Rebuttal.
(4) Investigation and Suspension Proceedings:
(A) Respondent;
(B) Intervenor, Staff;
(C) Rebuttal.
(b) Surrebuttal - Consolidated Proceedings. Upon motion and for good cause shown, the Commission
may permit surrebuttal.
(1) In rulemaking proceedings, generic proceedings, and other proceedings not listed above, the
burden of proof and of going forward shall be determined by the Commission.
(2) In consolidated proceedings, the Commission shall determine the order in which the parties
shall present evidence. In all other respects the burden of going forward and of proof
shall be as in this Rule.
--SOURCE: Prior Rule 14.C and D in part; new in part.
--RULE 83 Stipulations
(a) Written Stipulations. Any two or more parties may offer into evidence as an exhibit, a written
stipulation as to any fact or matter in issue of substance or procedure. The Commission shall
enter an order approving or disapproving any stipulation offered into evidence as an exhibit, or
may recommend modification as a condition for approval.
(b) Oral Stipulations. An oral stipulation may be made on the record, subject to the terms and conditions
of this Rule. An oral stipulation shall be reduced to writing, signed by the parties or their attorneys,
and shall be filed with the Commission within 10 days after it has been stated on the record,
unless otherwise ordered by the Commission.
--SOURCE: Prior Rule 14.F.
--RULE 84 Documentary Evidence - Administrative Notice
(a) Documentary Evidence. Except as otherwise provided in this Rule, a party sponsoring an exhibit shall
furnish a copy to each commissioner, or presiding officer and to each party present at the
hearing. The Commission may limit the number of copies to be furnished where reproduction is
burdensome.
(1) Where exhibits have been prefiled and served under Rules 78(i) and (k), the sponsoring party
need not provide a copy to parties at the hearing, but shall provide one copy for the
record and one copy for each commissioner or presiding officer.
(2) A party requesting that administrative notice be taken of a document under Rule 84(b) shall
furnish a copy for the record and for each party desiring a copy, either at the hearing or
afterwards, as directed by the Commission.
(b) Administrative Notice. The Commission may take administrative notice of:
(1) Constitutions and statutes of any state and of the United States;
(2) Rules, regulations, official reports, decisions, and orders of state and federal administrative
agencies;
(3) Tariffs, rate schedules, annual reports, and other documents in the files of the Commission;
(4) Matters of common knowledge and undisputed technical or scientific fact;
(5) Matters that may be judicially noticed by a Colorado District Court in a civil non-jury case; and
(6) Matters within the expertise of the Commission.
(c) Opposition to Matters Noticed. A party, upon timely motion, shall be given the opportunity to establish
the contrary of any matter of which administrative notice was taken. Copies of documents of
which administrative notice is taken shall be furnished under Rule 84(a)(2).
(d) Matter Noticed on the Commission's Motion. Unless otherwise ordered by the Commission, copies of
documents of which the Commission takes administrative notice on its own motion will be
furnished to the parties, unless they are readily available from the parties, or unless they are of
unusual length.
---
SOURCE: Prior Rules 14.G and N.
--RULE (4 CCR) 723-1-85 SUBPOENAS.
723-1-85(a) Subpoena Issuance. The Commission, any commissioner, any hearings examiner, or the
Secretary of the Commission, upon proper request and the filing of an affidavit under § 40-6103(1), C.R.S., shall issue a subpoena or a subpoena duces tecum requiring the attendance of a
witness or the production of documentary evidence, or both, at a deposition or hearing.
723-1-85(b) Rule 45, Colorado Rule of Civil Procedure Applies. Subpoena practice before the
Commission shall be governed by Colorado Rules of Civil Procedure. Rule 45, except as
provided in this Rule and §§ 40-6-102 and 103, C.R.S. When Colorado Rule of Civil Procedure 45
is applied to Commission subpoena practice, the word court in Rule 45 means the Commission, a
hearings commissioner, a hearings examiner, or the Secretary of the Commission.
--SOURCE: Prior Rule 14.L.
--RULE (4 CCR) 723-1-86. INTERIM ORDERS.
723-1-86(a) Interim Orders - Issuance. The Commission or a presiding officer, at any time before
entering a decision or recommended decision, may issue an interim order.
723-1-86(b) Exceptions or Rehearing of Interim Orders. Interim orders, other than Administrative Law
Judge orders on intervention in complaint dockets, shall not be subject to separate exceptions or
to applications for rehearing, reargument, or reconsideration. Administrative Law Judges shall
issue recommended decisions in granting or denying intervention in complaint dockets.
723-1-86(b)(1) The matters determined in any interim order may be included in exceptions or in
an application for rehearing, reargument, or reconsideration, following the issuance of a
decision or recommended decision.
723-1-86(b)(2) Any party aggrieved by an interim order may file a written motion with the
presiding officer entering the order, to set aside, modify, or stay the interim order before a
decision or recommended decision is entered.
RULES 87-89 - Reserved for Future Use
RULE 90 Briefs or Statements of Position
(a) Briefs or Statements of Position. At the conclusion of any proceeding, the Commission may order the
filing of written briefs or statements of position.
(b) Copies to Presiding Officer. Where the hearing is before a hearings commissioner or a hearings
examiner, the original brief or statement of position shall be filed with the Commission, and a copy
shall be furnished to the commissioner or examiner. Where the hearing was before two or more
commissioners, the original and six copies of the brief or statement of position shall be filed with
the Commission. A copy of the brief or statement of position shall be served on each party.
(c) Briefs or Statements of Position to Comply with Other Rules. All briefs or statements of position shall
comply with the requirements of Rules 78(c), (g), and (h), and Rule 22, as applicable.
--SOURCE: Prior Rule 14.K.
--RULE 91 Reopening of the Record
(a) By a Hearings Commissioner or Hearings Examiner. A hearings commissioner or hearings examiner,
upon his own motion or upon motion of a party for good cause shown, may order that the record
be reopened for further proceedings any time after a matter has been taken under advisement
and before a recommended decision has been entered.
(b) By the Commission. The Commission, upon its own motion or upon motion of a party for good cause
shown, may order, any time before an appeal has been taken to a district court under § 40-6-115,
C.R.S., that the record be reopened for further proceedings. The Commission shall also reopen
the record when required to do so by a District Court upon remand.
--SOURCE: Prior Rule 14.O.
--RULE 92. EXCEPTIONS - APPLICATIONS FOR REHEARING, REARGUMENT OR
RECONSIDERATION.
(a) General. Exceptions to a recommended decision of a hearings commissioner or an administrative law
judge and applications for rehearing, reargument or reconsideration shall conform to Rule 22,
shall be governed by §§ 40-6-109, 40-6-113, and 40-6-114, C.R.S., and shall be filed within the
time periods set forth in Rule 92(b).
(1) Where exceptions to a recommended decision are not filed, an application for rehearing,
reargument or reconsideration may be filed after the recommended decision has become
the decision of the Commission, but in that case no party may seek to amend, modify,
annul, or reverse basic findings of fact made in the recommended decision.
(2) If a motion for an extension of time to file exceptions to a recommended decision is timely
filed, the recommended decision shall be stayed until the Commission acts on the
motion. If the Commission grants the motion and extends the time for the filing of
exceptions, the recommended decision shall be stayed until the Commission rules on the
exceptions, if exceptions are filed within the extended time period.
(3) The recommended decision of a hearings commissioner or an administrative law judge shall
become a Commission decision by operation of law:
(A) If exceptions are not filed to a recommended decision within the 20-day period
allowed by § 40-6-109(2), C.R.S., or within any extended period; or
(B) If the recommended decision is not stayed within the 20-day period allowed by § 406-109(2), C.R.S., or is not stayed within any extended period for filing exceptions;
or
(C) If a motion for an extension of time to file exceptions has not been timely filed.
(4) If a recommended decision becomes a Commission decision, the Director shall, upon request
and payment of the statutory fee, certify that the recommended decision has become the
decision of the Commission on a date certain.
(b) Time. Exceptions shall be filed within 20 days after the Commission serves the recommended
decision by mail, or in any period of time extended by Commission order, upon a party's motion
for extension. In order to be timely, initial motions for extension of time to file exceptions shall be
filed in the original 20-day period for exceptions. The Commission's mailing certificate shall be
prima facie evidence of service. Parties shall timely request the transcripts to be prepared and
filed on or before the time exceptions or applications for rehearing, reargument, or
reconsideration are due to be filed with the Commission. Motions for extensions of time to file the
transcript, and exceptions or applications for rehearing, reargument, or reconsideration shall state
the conditions that make the request necessary. The Commission may issue a notice and hold a
hearing pursuant to § 40-6-109.5(4), C.R.S (1993), to determine whether additional time for the
issuance of the Commission's final decision is required, unless the applicant waives all such time
limits pursuant to § 40-6-109.5(3), C.R.S. (1993). The Commission shall not grant motions for
extensions of time which are based on the unavailability of a transcript unless the movant
establishes that the request for preparation of transcript was filed with the Commission (by filing a
notice of request of transcript in the official Docket File of the Commission) within five working
days after the mailing of the recommended or Commission decisions.
(1) Where the Commission stays a recommended decision within 20 days after services, or stays
a recommended decision in any extended period of time, the stay does not of itself
extend the period for the filing of exceptions or for the filing of a motion for an extension
of time to file exceptions.
(2) In order to be timely, applications for rehearing, reargument, or reconsideration shall be filed
within 20 days after a decision has been made by the Commission, or after a decision
recommended by a hearings commissioner or an administrative law judge has become
the decision of the Commission. Applications for rehearing, reargument, or
reconsideration filed after the above 20-day period will not be considered unless a motion
for an extension of time has been filed within the original 20-day period, and is ultimately
granted.
SOURCE: Prior Rule 15.
RULE 93 Judicial Review
Judicial review of Commission decisions may be obtained by following applicable law.
--SOURCE: Prior Rule 16.
--RULES 94-99 - Reserved for Future Use
RULE 100 RULES OF PRACTICE AND PROCEDURE
The Public Utilities Commission of the State of Colorado adopts as part of Rule 25 of the PUC Rules of
Practice and Procedure and incorporates by reference the rules found at 47 CFR Part 32, revised as of
October 1, 1990, 18 CFR Parts 101 and 201, revised as of April 1, 1990, and the Uniform System of
Accounts for Class A and B Water Utilities adopted by NARUC, revised as of October 1, 1990.
INCORPORATION BY REFERENCE
References in Rule 25 of the PUC Rules of Practice and Procedure to the Uniform System of Accounts of
electric, gas, and telephone utilities are found at 18 CFR Part 101 (electric utilities), 18 CFR 201 (gas
utilities) issued by FERC, revised as to April 1, 1990, 47 CFR Part 32 (telephone utilities) issued by FCC
revised as to October 1, 1990. References in Rule 25 to the Uniform of Accounts for Water Utilities are
found in the Uniform System of Accounts for Class A and B Water Utilities adopted by NARUC, revised as
of October 1, 1990. The above rules and NARUC publication are incorporated by reference. References
to these Federal Rules and NARUC Uniform System of Accounts do not include later amendments to or
additions. Certified copies of the above rules and NARUC publication which have been incorporated by
references are maintained at the Public Utilities Commission, 1580 Logan Street, OL2, Denver, Colorado
80203, and may be obtained through the Executive Secretary during normal business hours. Certified
copies shall be provided at cost upon request.
FORM A Form A-Application Form
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
IN THE MATTER OF
THE APPLICATION
OF (insert name and
address of
)
each applicant) FOR
AUTHORITY TO
(insert desired order, thus:
“Issue Stocks and
Bonds”).
)
)
)
)
APPLICATION NO.
____________________
______
(Number to be inserted by
Commission Secretary)
Applicant(s) state(s):
1. Note: See Rule 50(e) for contents of an Application for permanent authority to operate as a
transportation utility.
See Rule 50(g) for contents of an Application for acquisition or control, merger, transfer, etc. of a
transportation utility.
See Rule 50(i) for contents of an Application for temporary or emergency temporary authority by a
transportation utility.
See Rule 55(c) for contents of an Application by a fixed utility to obtain, extend or transfer a
certificate or to exercise franchise rights.
See Rule 56(d) for contents of an Application by a gas or electric utility to issue, etc., securities.
See Rule 58(c) for contents of an Application by a fixed utility for approval of a plan of refund.
See Form B for the Application Form to change tariffs or time schedules upon less than 30 days'
notice.
WHEREFORE, Applicant(s) request(s) the Commission to enter an Order authorizing (it/them) to:
__________________________ __________________________ __________________________
(Note: Fill in the relief or action you want the Commission to grant or take on your behalf.)
Dated at __________________________, Colorado, this __________________________ day of
__________________________, 19 __________________________.
__________________________
Attorney's signature)
(Signature of Each Applicant if
filed by himself [pro se], or
(Name, address, daytime telephone
number of Applicant(s), if
Application filed pro se. If
Application is filed by attorney,
attorney's name, address,
registration, and telephone
numbers)
VERIFICATION
STATE OF
____________________
______)
)
____________________
______COUNTY
OF__________________
________)
SS.
The undersigned, being under oath, says that he has read the Application and has personal knowledge
that the facts in it are true.
__________________________
(Signature of Each Applicant)
Signed and sworn to before me this __________________________ day of
__________________________, 19__________________________, by
__________________________. (Name of Each Applicant)
My commission expires: __________________________.
(SEAL)
__________________________
Notary Public
--[Notes: See Rule 21 for provisions as to representation of parties.
See Rule 22 for additional provisions concerning content and size of pleadings, amendments to
pleadings, number of copies, and other matters.
See Rules 22(f) and 24 as to when an application will be processed without a formal hearing.]
FORM B-Application Form to Amend Tariffs or Time Schedules on Less than 30 Days' Notice
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
IN THE MATTER OF
THE APPLICATION
)
OF (insert name and
address of each
)
applicant) FOR
AUTHORITY TO
CHANGE
A TARIFF (or time
schedule) ON
LESS THAN 30 DAYS'
NOTICE AND
WITHOUT FORMAL
HEARING.
)
APPLICATION NO.
____________________
______
(Number to be inserted by
)
Commission Secretary)
)
)
Applicant(s) state(s):
1. Note: See Rules 31(f) and (g) for data to be included in an application by a transportation utility to
change tariffs or time schedules upon less than 30 days' notice.
See Rule 41(e) for data to be included in an application by a fixed utility to change tariffs upon
less than 30 days' notice.
WHEREFORE, Applicant(s) request(s) the Commission to enter an Order authorizing (it/them) to change
the (tariff/or time schedule) on less than 30 days' notice and without formal hearing.
Dated at __________________________, Colorado, this __________________________ day of
__________________________, 19__________________________.
__________________________
signature of Attorney for
Applicant)
(Signature of Each Applicant if
filed by himself [pro se], or
(Name, address, daytime telephone
number of Applicant(s) if pro
attorney's name, address,
telephone and registration
numbers)
se. If filed by an attorney,
VERIFICATION
STATE OF
____________________
______)
)
____________________
______COUNTY OF
____________________
______)
SS.
The undersigned, being under oath, says that he has read the Application and has personal knowledge
that the facts in it are true.
__________________________
[(Signature(s) of Each Applicant(s)]
Signed and sworn to before me this __________________________ day of
__________________________, 19__________________________, by
__________________________. (Name of Each Applicant)
My commission expires: __________________________.
(SEAL)
__________________________
Notary Public
--[Notes: See Rule 21 for provisions as to representation of parties.
See Rule 22 for additional provisions concerning content and size of pleadings, amendment to
pleadings, number of copies, and other matters.
See Rules 22(f) and 24 as to when an application will be processed without a formal hearing.]
--FORM C-Form for Intervention and Entry of Apperance as a Matter of Right to Application of a
Transportation Utility
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
IN THE MATTER OF
THE APPLICATION
OF (insert name and
address of
)
applicant as shown in
Notice of
Applications Filed), FOR
AUTHORITY
TO (insert description of
authority
sought as shown in
Notice of Applications
Filed).
)
)
)
APPLICATION NO.
____________________
______
(Insert Number as Shown
in
Notice of Applications
Filed)
)
)
INTERVENTION
)
__________________________ (insert intervenor's name) intervenes in this application for the following
reasons:
1. Applicant seeks authority to __________________________. (Note: Describe the authority sought by
the Applicant).
2. __________________________ (insert intervenor's name) owns and/or operates Certificate(s) of
public convenience and necessity PUC No.(s) __________________________, which generally
authorize(s)__________________________. [Note: Describe portion(s) of your authority which
(is/are) duplicated by the application]. A copy of intervenor's each current Letter of Authority
pertaining to the Certificate(s) (is/are) attached to this intervention, and (is/are) incorporated by
reference.
3. The operating rights sought by Applicant would partially (or entirely) duplicate the rights contained in
__________________________ (insert intervenor's name) Certificate(s). Therefore
__________________________ (insert intervenor's name) has a legally protected right in the
subject matter which may be affected by the granting of the application.
4. The application should not be granted (or should be dismissed) for the following reasons:
A. (Note: State in separately-numbered subparagraphs each reason why you believe the
application should not begranted or should be dismissed.)
5. Intervenor __________________________ (insert intervenor's name) is willing to withdraw this
intervention if Applicant will restrictively amend its application as follows:
__________________________. (Note: State any proposed restrictive amendment.)
WHEREFORE, __________________________(insert intervenor's name) requests the Commission to
(deny the application after hearing/dismiss the application if grounds are stated).
__________________________
of attorney for intervenor)
(Signature of intervenor if filed
by himself [pro se], or signature
(Name, address, daytime telephone
number of intervenor, if filed pro
name,
address, telephone and
registration numbers).
se. If filed by an attorney,
CERTIFICATE OF SERVICE
A copy of this intervention was mailed by first class mail to Applicant's attorney (or to Applicant, if the
application was filed pro se) on the __________________________ day of
__________________________, 19__________________________, as
follows:__________________________ __________________________
__________________________ (Fill in name address of Applicant or Applicant's Attorney).
__________________________
Applicant's Attorney)
(Signature of person mailing the
intervention to Applicant or
--[Notes: See Rule 21 for rules for representation of parties.
See Rule 22 for additional provisions concerning content and size of pleadings, amendments to
pleadings, number of copies, and other matters. Under Rule 7(b)(2), interventions filed with the
Commission must be served upon the Applicant or its attorney by the intervenor.
See Rule 64 and 65 for intervention.]
--FORM D-Form for Formal Complaint
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
(Insert name of each
Complainant),
COMPLAINANT(S),
)
)
)
CASE NO.
____________________
vs.
(Insert name of each
Respondent),
RESPONDENT(S).
______
(Number to be inserted by
Commission Secretary)
)
)
)
)
COMPLAINT
)
)
Complainant(s) state(s):
1. The name, business, if any, business or residence address, and telephone number of each
Complainant(s) (is/are): __________________________ __________________________.
2. The name, business, and business address of each Respondent(s)
(is/are):__________________________.
3. The Complainant(s) will cooperate in the prosecution of this Complaint and will appear at any hearing
if the complaint is set for hearing.
4. The specific act(s) or thing(s) complained of, with the necessary facts to give a full understanding of
the situation, are: __________________________ __________________________
(Note: Each allegation of this paragraph should be stated in a separately numbered sub-paragraph.)
WHEREFORE, Complainant(s) ask(s) that the Commission enter an Order granting the following relief:
__________________________ __________________________
Dated at __________________________, Colorado, this __________________________ day of
__________________________, 19__________________________.
__________________________
(Signature of Complainant(s), if
filed by himself [pro se]).
(Name, address, daytime telephome
number of complainant(s) if filed
attorney,
name, address, telephone and
registration numbers.)
pro se. If filed by an
VERIFICATION
STATE OF
____________________
______)
)
____________________
______COUNTY
OF__________________
________)
SS
The undersigned, under oath, swears that he has read the above Complaint and has personal knowledge
that the facts in it are true.
__________________________
(Signature of Each Complainant)
Signed and sworn to before me the __________________________ day of
__________________________ 19__________________________, by
__________________________. (Name of Each Complainant)
My commission expires: __________________________
(SEAL)
__________________________
Notary Public
--[Notes: See Rule 21 for provisions as to representation of parties.
See Rule 22 for additional provisions concerning content and size of pleadings, amendments to
pleadings, number of copies, and other matters. Also see § 40-6-108, C.R.S. for certain
provisions regarding complaints.
Under Rule 22(f), a complaint need not be verified unless it is desired that it be processed as a
noncontested matter.
See Rule 61 for additional provisions as to who may be a complainant, answer to complaint,
motions to dismiss, counter-complaints, and other matters. Under Rule 61(d), Complaints filed
with the Commission will be served upon the Respondent by the Commission Secretary.]
--FORM E-Answer Form to Formal Complaint
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
(Insert name of each
Complainant
as set forth in Complaint),
COMPLAINANT(S),
)
)
)
)
)
vs.
(Insert name of each
Respondent
as set forth in Complaint),
RESPONDENT(S).
)
)
)
)
)
)
Respondent(s) answer(s) the Complaint:
1. Respondent(s) deny(ies) each paragraph of the complaint.
CASE NO.
____________________
______
(Insert number as shown
on
Complaint or Order to
Satisfy)
ANSWER
or
1. Respondent(s) admit(s) the allegations of the following paragraphs of the complaint:
__________________________.
2. Respondent admit(s), deny(ies), and/or affirmatively allege(s) with respect to the remaining
paragraphs of the complaint as follows:
__________________________.
[Note: As required by Rule 61(d)(1), the Answer should admit or deny with particularity each allegation of
the Complaint, and should also separately state and number each affirmative defense. Each allegation
should be specifically answered in a separate paragraph or sub-paragraph, each numbered
consecutively.]
WHEREFORE, Respondent(s) request(s) that the Commission dismiss the Complaint and grant the
following additional relief: __________________________ __________________________.
__________________________
(Signature of Respondent(s) if
filed by himself pro se)
(Name, address, daytime telephone
number of Respondent(s) if filed
attorney,
name, address, telephone and
registration numbers.)
pro se. If filed by an
VERIFICATION
STATE OF
____________________
______)
)
____________________
______COUNTY
OF__________________
________)
SS
The undersigned, under oath, says that he has read the Answer and has personal knowledge that the
facts in it are true.
__________________________
(Signature of Each Respondent)
Signed and sworn to before me the __________________________ day of
__________________________, 19__________________________, by
__________________________. (Name of Each Respondent)
My commission expires: __________________________
(SEAL)
__________________________
Notary Public
CERTIFICATE OF SERVICE
A copy of the answer was mailed by first class mail, on the __________________________ day of
__________________________, 19__________________________, to:
__________________________ __________________________ (Fill in name, address of Complainant
or Complainant's Attorney).
__________________________
Complainant's
Attorney.)
(Signature of person mailing answer
to Complainant or to
--[Notes: See Rule 21 for provisions as to representation of parties.
See Rule 22 for additional provisions concerning content and size of pleadings, amendments to
pleadings, number of copies and additional information. Answers filed with the Commission must
be served upon the Complainant or its attorney by the Respondent, under Rule 7(b)(2).
Under Rule 22(f), an Answer need not be verified if it is signed by an attorney.
See Rule 61 for additional provisions as to answers to complaints, motions to dismiss, countercomplaints, and other matters.]
--FORM F - Reserved for Future Use
FORM G-Form of Adoption Notice and Adoption Supplement
GENERAL ADOPTION NOTICE COLORADO PUC NO. __________________________ AND
ADOPTION SUPPLEMENT NO. __________________________ TO COLO. PUC NO.
__________________________ ADOPTION SUPPLEMENT NO. __________________________ TO
COLO. PUC NO. __________________________ ADOPTION SUPPLEMENT NO.
__________________________ TO COLO. PUC NO. __________________________ ADOPTION
SUPPLEMENT NO. __________________________ TO COLO. PUC NO.
__________________________
__________________________ (Name of Adopting Utility)
This utility makes its own in every respect as if originally filed by it, all tariffs, classifications, rules, notices,
agreements, statements of divisions, powers of attorney, concurrences, and other instruments, including
supplements or amendments, filed with the Colorado Public Utilities Commission by, or previously
adopted by __________________________, except: (Name of Predecessor Utility)
__________________________, (Specifically state each provision, if any, which is not adopted) before
the below effective date.
Each tariff to which this is a supplement became the tariff of the issuing utility upon the effective date
shown below, under this adoption notice.
Issued:
____________________
______
Effective:
____________________
______
Issued under authority of Decision No. __________________________, dated
__________________________, 19__________________________, and Rule 33 or 42, Commission
Rules of Practice and Procedure.
__________________________
(Signature of Individual, Partner
if a Partnership, or authorized
corporate officer)
(If a Corporation)
ATTEST:
__________________________ Secretary
(SEAL)
--(Note: This form applies to all utilities.
See Rules 33 and 42 for other requirements.)
--FORM H-Power of Attorney Form
Colorado P.U.C. No. __________________________
Cancels Colorado P.U.C. NO.
__________________________
__________________________
(Name of Public Utility)
__________________________
(Street Address or P. O. Box No., City,
State and Zip Code)
On this __________________________ day of __________________________,
19__________________________, __________________________
(Name of Public
__________________________, appoints __________________________ Utility)
(Name)
__________________________ as Attorney in fact and Agent to publish and file utility tariffs (and
supplements and time schedules, if appropriate) under authority of the Public Utilities Law and the Rules
and Regulations of the Colorado Public Utilities Commission, and ratifies all that the attorney in fact and
agent may lawfully do by this granted authority, and assumes full responsibility for the acts and failure to
act of the attorney in fact and agent.
__________________________ (Name of Utility) appoints __________________________ as its
alternate attorney (Name of Alternate Agent) in fact and agent for the utility in case of the death or
disability of the principal attorney in fact and agent, to do the same acts and exercise the same authority
as granted to the principal attorney in fact and agent.
__________________________
corporate officer if a Corporation)
(Signature of individual, partner
if a partnership, or authorized
(If a Corporation)
ATTEST:
__________________________ Secretary
(SEAL)
FORMS I-L - Reserved for Future Use
FORM M-Form of Letter of Transmittal-Transportation Utilities
__________________________ (Name of Utility)
__________________________
(Date)
Public Utilities Commission of the State of Colorado (Current street address) Denver, Colorado (zip code)
The accompanying tariff sheet(s) issued by the carrier named above (is/are) sent to you for filing in
compliance with the requirements of the Public Utilities Law:
Colo. P.U.C. No. __________________________
(Number)
Supplement No. __________________________ to Colo. P.U.C. No.
__________________________ (Number) (Number)
Effective __________________________, 19__________________________.
__________________________
(Signature of Filing Officer and
(Date)
Title)
--[Note: If a duplicate transmittal letter and a postage prepaid self-addressed envelope are furnished, the
Commission will date-stamp the letter and will mail it to the filing officer.
See Rule 30(a) for other requirements about this subject.]
--FORM N Form of Notice to Increase Rates by Common Carriers of Property under Rule 31(j)
NOTICE OF RATE INCREASE
__________________________ (Name of Common Carrier(s)) (has/have) filed changes resulting in
maximum increases of __________________________% in rates for the transportation of
__________________________ (Commodity(s)) in (Item/Tariff) __________________________
proposed to become effective __________________________ (Date) unless suspended by the Colorado
Public Utilities Commission.
Objections must be in writing and filed with the Public Utilities Commission, 1580 Logan Street, Denver,
CO 80203, at least ten days before the effective date. Requests for notice of hearing, if the Commission
sets the matter for hearing, must be filed in writing. Requests to intervene as a party must comply with
Commission rules. If a hearing is held, any member of the public may attend and may make a statement,
whether or not that person has filed an objection or intervention.
By__________________________
(Title of Officer)
(Name of Officer)
__________________________
FORM O-Form for Concurrence in Tariff of a Transportation Utility
Colorado P.U.C. No. __________________________
Cancels Colorado P.U.C. No.
__________________________
__________________________
(Name of Carrier)
__________________________
(Street Address or P. O. Box No.,
__________________________
(Date)
This certifies that __________________________
following tariff(s) or supplement(s) to the tariff:
City, State and Zip Code)
(Name of Transportation Utility) concurs in the
__________________________ which (List Colo. P.U.C. No. and Sheet Number if any)
__________________________ (Name of Transportation Utility With Tariff on File) has on file with the
Colorado Public Utilities Commission, except as follows:
__________________________ __________________________ (Specifically state each provision, if
any, of the tariff to which concurrence is not given).
__________________________
corporate officer if a corporation)
(Signature of individual, partner
if a partnership, or authorized
(If a Corporation)
ATTEST:
__________________________ Secretary
(SEAL)
FORM P Form of Notice to Increase Rates by Common Carriers of Passengers under Rule 31(j)
NOTICE OF RATE INCREASE
__________________________ (Name of Common Carrier) has filed changes resulting in maximum
increases of __________________________% in rates for the transportation of passengers in
__________________________ service in (Item/Tariff) __________________________ proposed to
become effective __________________________ (Date) unless suspended by the Colorado Public
Utilities Commission.
Objections must be in writing and filed with the Public Utilities Commission, 1580 Logan Street, Denver,
CO 80203, at least ten days before the effective date. Requests for notice of hearing, if the Commission
sets the matter for hearing, must be filed in writing. Requests to intervene as a party must comply with
Commission rules. If a hearing is held, any member of the public may attend and may make a statement,
whether or not that person has filed an objection or intervention.
By__________________________
__________________________
(Name of Officer)
(Title of Officer)
FORM Q Form of Notice to Change Time Schedules by Common Carriers of Passengers under
Rule 31(j)
NOTICE OF CHANGE IN TIME SCHEDULES
__________________________ (Name of Common Carrier) has filed change(s) in Time Schedule No(s).
__________________________ for the transportation of passengers between
__________________________ and __________________________ proposed to become effective
__________________________ (Date) unless suspended by the Colorado Public Utilities Commission.
Objections must be in writing and filed with the Public Utilities Commission, 1580 Logan Street, Denver,
CO 80203, at least ten days before the effective date. Requests for notice of hearing, if the Commission
sets the matter for hearing, must be filed in writing. Requests to intervene as a party must comply with
Commission rules. If a hearing is held, any member of the public may attend and may make a statement,
whether or not that person has filed an objection or intervention.
By__________________________
(Name of Officer)
__________________________
(Title of Officer)
Forms R-S — Reserved for Future Use
FORM T-Illustrative Form of Tariff-Fixed Utilities
Colo. P.U.C. No. __________________________ (Gas,
(ABC GAS &
ELECTRIC COMPANY)
No.
____________________
______
____________________
______
____________________
______
____________________
______
Electric, Telephone, etc.)
Sheet
Cancels
Sheet
No. __________________________ (Address)
__________________________
(Natural Gas Rates)
(RESIDENTIAL
SERVICE)
Rate
(SCHEDULE RG-1)
APPLICABILITY
Applicable within Gas Rate Area 1 as described on sheet number 8 to Residential service. Not applicable
to resale service.
MONTHLY RATE
Service Charge, per
customer
Commodity Charge, all
gas used per 100 cubic
feet
MONTHLY MINIMUM
($ 2.83)
(.2580)
($ 2.83)
GAS RATE ADJUSTMENT
This rate schedule is subject to the Gas Cost Adjustment starting on sheet number 130.
PAYMENT
Bills for gas service are due and payable within ten days from the date of the bill.
CONTRACT PERIOD
All contracts under this schedule shall be for a minimum period of 30 days and thereafter until terminated,
where service is no longer required, on three days' notice.
RULES AND REGULATIONS
Service supplied under this schedule is subject to the terms and conditions set forth in the Company's
Rules and Regulations on file with the Colorado Public Utilities Commission
__________________________
(Note:
Provisions in parentheses
must be changed as
appropriate.
See Rule 40 for
requirements and number
of copies to be filed.)
(Space for Commission
Filing Stamp
____________________
______
Issue Date
____________________
______
__________________________
Advice Letter No.
____________________
______
Decision No.
____________________
______
Signature of Issuing
Officer with Title
Effective Date
____________________
______
FORM U-Form of Advice Letter - Fixed Utilities
__________________________ (Name of Utility)
__________________________
(Date)
__________________________ Advice Letter Number
Public Utilities Commission of the State of Colorado (current street address) Denver, Colorado (zip code)
The accompanying tariff sheet(s) issued by the above-named utility named above (is/are) sent to you for
filing in compliance with the requirements of the Public Utilities Law:
Colo. P.U.C. No.
____________________
______
(Number)
-
and the following sheet(s) (is/are) attached:
Colo. P.U.C. Sheet(s) No.
(s):
____________________
______
____________________
Title of Sheet(s):
Cancels Colo. P.U.C. No.:
____________________
______
____________________
____________________
______
____________________
_________________
______
(Gas, Electric, etc.)
______
____________________
______
______
____________________
______
______
____________________
______
The principal proposed changes are: __________________________ __________________________
Revenues of the utility will be (increased/decreased) as follow: __________________________
Customers of the utility (will/will not) be adversely affected, as follow: __________________________.
It is desired that the changed tariff(s) accompanying this advice letter become effective on
__________________________.
(Date)
(Note: This date may not be less than 30 days from the date of filing unless the tariff sheet(s) are
filed under a Commission order permitting the change(s) to become effective in less than 30 days
by Rule 41(e).)
__________________________
authorized
corporate officer if a
(Signature of Individual, Partner
Corporation)
if a Partnership, or
(If a Corporation)
ATTEST:
__________________________ Secretary
(SEAL)
--(Note: See Rule 40 for requirements and number of copies to be filed.)
--FORM V-Form of Notice to Increase Rates Upon 30-Days' or More Notice Under Rule 41(c) - Fixed
Utilities
NOTICE
Date of Notice:__________________________
NOTICE OF AN INCREASE IN THE RATES OR CHANGES IN THE RULES AND REGULATIONS OF
__________________________
(Name and Address of Fixed Utility)
You are notified that the public utility named above has filed with the Colorado Public Utilities
Commission, rates, or changes in rules and regulations increasing rates, affecting
__________________________ (State Classes or Types of Service)
customers, to become effective __________________________ unless suspended
Public Utilities Commission.
(Date) by the
[Note: State fully the rates, rules or regulations which are proposed and the present rates, rules or
regulations for the same class and type of service; or if too lengthy, call attention to the effect of
the changes on each class and type of service and state that the proposed and present rates,
rules or regulations are available for examination and explanation at each utility's business office
and at the Public Utilities Commission, stating the address of each utility's business office and the
Commission's office. If increases in rates are involved, the notice also shall state the dollar
increases (or ranges) or percentage increases (or ranges) for each class or type of service.]
Anyone who desires may file written objection. The filing of a written objection by itself will not allow you
to participate as a party in any proceeding on the proposed action.
If you wish to participate as a party in any proceeding established in this matter, you must file written
intervention documents under applicable rules.
Anyone who desires to file written objection to the proposed action, shall file it with the Colorado Public
Utilities
Commission, __________________________, Denver, Colorado__________________________, at
least 10 (Address)
(Zip Code) days before the proposed effective date.
The Public Utilities Commission may hold a hearing to determine what rates, rules and regulations will be
authorized. If a hearing is held, the Commission may suspend the proposed rates, rules or regulations.
The rates, rules and regulations ultimately authorized may or may not be the same as those proposed
and may include rates higher or lower than those proposed or currently in effect.
Anyone who desires to receive notice of any hearing, shall file a written request for notice with the Public
Utilities Commission, at the above address, at least 10 days before the proposed effective date.
If a hearing is held, any member of the public may attend and may make a statement under oath about
the proposed increase, whether or not he has filed an objection or intervention.
By __________________________
(Name and Title of Officer)
Form W-Form of Notice to Change Tariffs on Less than 30-Days' Notice Under Rule 41(e)-Fixed
Utilities
NOTICE
Date of Notice: __________________________
NOTICE OF CHANGE IN TARIFFS ON LESS THAN 30-DAYS' NOTICE OF
__________________________
(Name and Address of Fixed Utility)
You are notified that the utility named above has filed with the Colorado Public Utilities Commission an
application for permission to file changes in tariffs affecting __________________________
(State
Classes or Types) of __________________________ customers, to become effective
__________________________ (Service)
(Date) if the application is granted by the Public Utilities
Commission.
(Note: State fully the purpose of the application and the rates, rules, or regulations proposed and
the present rates, rules or regulations for the same classes and types of service; or if too lengthy,
call attention to the effect of the changes on each class and type of service and give notice that
the proposed and present rates, rules or regulations are available for examination and
explanation at each utility's business office and at the Public Utilities Commission, stating the
address of each utility's business office and the Commission's office.)
Anyone who desires either may file written objection or may seek to intervene as a party in this filing. If
you only wish to object to the proposed action, you may file a written objection with the Commission. The
filing of a written objection by itself will not allow you to participate as a party in any proceeding on the
proposed action.
If you wish to participate as a party in this matter, you must file written intervention documents under Rule
20.
Anyone who desires to file written objection or written intervention documents to the proposed action,
shall file them with the Colorado Public Utilities Commission, __________________________, Denver,
(Address) Colorado, __________________________ at least one day before the proposed effective
(Zip Code) date.
Members of the public may attend any hearing and may make a statement under oath about the
proposed change whether or not a written objection or request to intervene has been filed.
By__________________________
(Name and title of Officer
FORM X-Form of Notice to Exercise Franchise Rights Under Rule 55, or to Issue, etc., Securities
Under Rule 56-Fixed Utilities
NOTICE
Date of Notice: __________________________
NOTICE TO EXERCISE FRANCHISE RIGHTS; OR NOTICE TO ISSUE, RENEW, EXTEND, ASSUME
OR GUARANTEE A SECURITY OR TO CREATE A LIEN ON PROPERTY OF
__________________________
(Name and Address of Fixed Utility)
You are notified that the utility above-named has filed with the Colorado Public Utilities Commission an
application for:
__________________________ __________________________.
(Note: State fully the purpose of the franchise or securities application, giving attention to
whatever effect, if any, the granting of this application may have on existing customers. If a
description of the filing is too lengthy, the notice shall contain a brief summary of the purpose of
the filing and notice that the application is available for examination and explanation at each
utility's business office and at the Public Utilities Commission, stating the address of each utility's
business office and the Commission's office.)
Anyone who desires either may file written objection or may seek to intervene as a party in this filing. If
you only wish to object to the proposed action, you may file a written objection with the Commission. The
filing of a written objection by itself will not allow you to participate as a party in any proceeding on the
proposed action.
If you wish to participate as a party in this matter, you must file written intervention documents by
following Rules 20, 21, and 22. Anyone who desires to file written objection or written intervention
documents shall file them with the Colorado Public Utilities Commission,
__________________________, Denver, Colorado
(Address) __________________________, within
10 days after the date of this notice. (Zip Code)
A hearing may be held on this Application. Anyone who desires to receive notice of any hearing, must file
a written request for notice with the Public Utilities Commission at the above address, at least ten days
before the proposed effective date. Members of the public may attend any hearing and may make a
statement under oath about the Application, whether or not an objection or intervention has been filed.
By __________________________
(Name and title of officer)
FORM Y-Form of Notice of a Change in Service or Facilities-Fixed Utilities
NOTICE
__________________________
(Date)
You are notified that __________________________, has filed
(Name of Fixed Utility) with the
Colorado Public Utilities Commission notice of changes in its service or facilities, effective
__________________________
(Date) unless suspended by the Public Utilities Commission.
The utility proposes to make the following changes in service or facilities:
__________________________ __________________________.
Anyone who desires may file a written objection. The filing of a written objection by itself will not allow you
to participate as a party in any proceeding on the proposed action.
If you wish to participate as a party in any proceeding established in this matter, you must file written
intervention documents under Rules 20, 21, 22 and other applicable rules. Anyone who desires to file
written objections must file them with the Colorado Public Utilities Commission,
__________________________, Denver, Colorado, __________________________,
(Address)
(Zip Code) at least 10 days before the proposed effective date.
The Public Utilities Commission may hold hearings on the proposed changes. If hearings are held, the
Commission will determine what changes may be authorized. Anyone who desires to receive notice of
any hearing, must file a written request for notice with the Public Utilities Commission, at the above
address, at least 10 days before the proposed effective date. Members of the public may attend any
hearing and may make a statement under oath about the proposed changes, whether or not an objection
or intervention has been filed.
By__________________________
(Name and title of officer)
(Note: See Rule 57 for requirements about this subject).
FORM Z-Form of Notice for Filing of Application to Make a Refund Under Rule 58
NOTICE
Date of Notice: __________________________
NOTICE OF THE FILING OF AN APPLICATION TO MAKE A REFUND __________________________
(Name and Address of Public Utility)
You are notified that the public utility named above has filed with the Colorado Public Utilities Commission
an application for the approval of a plan of refund. Applicant proposes:
__________________________ __________________________
(Note: Include here the dollar amount of the refund to be made, the date for making the refund,
the date proposed to complete making the refund, and the way the refund is proposed to be
made. If this information is too lengthy to include in the notice completely, include a summary and
state that the application is available for examination and explanation at each of the utility's
business offices and at the Public Utilities Commission, stating the address of each utility's
business office and the Commission's office.)
Anyone who desires, either may file written objection or may seek to intervene as a party in this filing. If
you only wish to object to the proposed refund, you may file a written objection with the Commission. The
filing of a written objection by itself will not allow you to participate as a party in any proceeding on the
proposed plan of refund.
If you wish to participate as a party in this matter, you must file written intervention documents by
following Rules 20, 21, 22, and any other applicable rule. Anyone who desires to file written objection or
intervention documents shall file them with the Colorado Public Utilities Commission, within the time
period specified by the Commission in its notice.
__________________________, Denver, Colorado __________________________, (Address)
Code)
(Zip
The Public Utilities Commission may a hold a hearing on the proposed refund plan, and if hearings are
held, it will it determine the way the refund will be made. Anyone who desires to receive notice of any
hearing, must file a written request for notice with the Public Utilities Commission, at the above address,
promptly after the Commission notice is issued. Members of the public may attend any hearing and may
make a statement under oath about the proposed refund, whether or not they have filed a request to
intervene or objection.
By__________________________
(Name and Title of Officer)
(Note: See Rule 71 for time requirements and contents of the notice to be given by the Commission.)
FORMS AA-ZZ - Reserved for Future Use
APPENDIX A Tariff Circular No. 1 Pertaining to the Publication of Freight and Passenger Tariffs
TABLE OF CONTENTS
Section
1. Definitions
2. Size and Format of Tariffs
3. Title Page
4. Contents of Tariffs
5. Amendments
6. Suspended Matter
7. Rates Prescribed by the Commission
8. Adoption of Tariffs When Carrier Name or Ownership Changes
9. Filing and Posting Tariffs
10. Applications for Special Permission
11. Powers of Attorney
12. Time Schedules
13. Classification
SECTION 1 Definitions
(a) As used in this Tariff Circular No. 1:
(1) Tariff means a publication containing a list of the participating carriers (if a joint tariff), an
index of articles, a list of towns for which rates are named, with schedules showing all
rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected
and enforced, together with all rules, regulations, contracts, priviledges, and facilities
which in any manner affect or relate to rates, tolls, rentals, classifications, or service.
(2) Classification means a publication containing a list of articles or commodities and the
assigned class ratings and governing rules and regulations.
(3) Class rate means a rate which applies to one or more articles according to their class rating.
Class ratings are assigned to articles by a classification, tariff, class rate tariff, or by
exceptions to the tariff or classification.
(4) Commodity rate means a rate published to apply on a commodity or commodities specifically
named or described in the tariff where the rate is published or in a separate commodity
list.
(5) Publish or published means filing a tariff with the Commission and keeping it open for public
inspection.
(6) Statutory notice means notice of not less than 30 days.
(7) Amendment means any change or addition to a tariff, except as used in the following
Sections, 6 and 8.
SECTION 2 Size and Format of Tariffs and Amendments
(a) Tariff Size and Format. All tariffs and amendments shall be in book, pamphlet, or loose-leaf form, 81/2 by 11 inches in size, and shall be legibly printed or typed. A margin of not less than fiveeighths of an inch, without printing, shall be allowed at the binding edge of each tariff or
supplement.
(1) When tables of rates, rate base numbers, or charges, or numerals or letters for other
purposes are used, the pages shall be vertically ruled in columns of sufficient width to
accommodate the matter to be shown (including reference marks) without crowding or
shall show equivalent blank spaces.
(2) At least one blank space or a ruled line shall appear after every sixth horizontal line, or less,
of printed matter.
(b) Loose-leaf Tariffs. Pages of loose-leaf tariffs shall be consecutively numbered in the upper right-hand
corner and designated as “Original Page 1,” “Original Page 2,” etc.
(1) Each page shall show at the top of the page the name of the carrier or agent, the page
number, and the PUC number of the tariff.
(2) At the bottom of the page shall be shown the date of issue, the effective date, and the name,
title, and street address of the issuing carrier or agent.
SECTION 3 Title Page
(a) The front cover of every tariff shall be prepared as a title page containing the following information in
the following order:
(1) In the upper right-hand corner, a conspicuously printed P.U.C. number. Numbers shall run
consecutively beginning with the next consecutive number in the existing series or, if no
number has been used previously, beginning with P.U.C. No. 1. Immediately under this
number shall be shown the P.U.C. number or numbers of the cancelled tariff or tariffs.
(2) In the upper central portion of the title page, the name of the issuing carrier or agent. When
an individual carrier or a partnership operates under a trade name, the individual name or
names shall be placed in front of the trade name. Each carrier's name, followed by the
carrier's certificate number (if issued), shall be shown. For agency tariffs, when the agent
is a corporation, the corporation name shall be shown; but when the agent is an
individual, the name of the association (if any) for whom the agent acts may also be
shown. If this is done, the name of the agent shall be placed after the name of the
association in substantially the following form:
A. B. C. TARIFF BUREAU John Doe, Agent
Only one agent may be shown on each association's tariff.
(3) A statement indicating whether the rates are class rates or commodity rates or both.
(4) A brief statement of the territory where, or the points from and to or between which the rates
or other provisions apply.
(5) In the lower right-hand corner, the date when the rates or other provisions will become
effective. The date when the tariff is issued shall be shown in the lower left-hand corner. A
tariff which contains rates, rules, or other provisions effective upon a date different from
the general effective date of the tariff shall contain on its title page a notation in the
following form:
Effective __________________________, 19__________________________ (Except as otherwise here
provided).
(6) Where a tariff or amendment contains rates, rules or regulations to become effective on less
than 30 days' notice, a notation in the following form:
Issued on __________________________ days' notice by authority of Decision No.
__________________________ dated __________________________.
(7) Near the bottom of the title page, the name, title, address and telephone number of the
person issuing the tariff and, when the tariff is issued by a corporation as publishing
agent, the name and title of the officer of the corporation who has been appointed by the
corporation to publish tariffs with the Commission. Tariffs filed in the P.U.C. series of an
individual carrier shall show the principal address of the carrier when the address is
different from that of the agent filing the tariff for the carrier.
(8) A statement of the date, if any, when the tariff or amendment will expire. A statement in a tariff
or amendment that it will expire on a given date is not a guaranty that the tariff or
amendment will remain in effect until that date. The statement, if used, shall mean that
the tariff or amendment, or specified part, will expire on the date named, unless the date
is lawfully changed. If the entire tariff is to expire upon a given date, the following
statement shall be placed near the bottom of the title page:
Expires on __________________________, unless sooner cancelled, changed, or extended.
SECTION 4 Contents of Tariffs
(a) A tariff shall contain the following information in the following order:
(1) A table of contents containing a complete statement, in alphabetical order, of the exact
location where information under general headings, by subjects, will be found, specifying
page and item numbers. If a tariff contains five pages or fewer, the table of contents may
be omitted.
(2) An explanation of symbols, reference marks, and abbreviations of technical terms used in the
tariff. If the explanation of a reference mark or symbol does not appear on the page
where the mark or symbol is used, the page where the mark or symbol is used shall show
where the explanation appears.
(3) A description of the carrier's operating authority.
(4) The name of the carrier or publishing agent and P.U.C. number of any separately published
classification, tariff or classification exception, rule, tariff, or similar publication affecting
the provisions of the tariff in the following form:
This tariff is governed, except as otherwise here provided, by
__________________________ Classification (Colo. P.U.C. or I.C.C.) No.
__________________________ issued by __________________________, and by
supplements or following issues to (it/them).
(5) The rules and other provisions which govern the tariff. All of the rules or provisions stating
conditions which in any way affect the rates in the tariff shall be set forth. If certain items,
rates or other provisions of the tariff are to expire on a given date, the date shall be set
forth with any appropriate explanation.
(6) A statement of the rates, meeting the following criteria:
(A) All rates shall be clearly and explicitly stated in United States cents or dollars and
cents, per 100 pounds, per ton of 2,000 pounds, per stated truckload, or per
other defined unit, together with the names or other proper designation of the
places from and to where they apply.
(B) All rates shall be arranged in a simple and systematic manner. Complicated plans or
unclear terms shall not be used. All rates, to the extent possible, shall be
subdivided into small sections (by items, index numbers, or similar method) and
assigned an identifying number to facilitate reference.
(C) Where rates are stated in an amount per package, definite specifications showing
size, capacity, or weight of the package to which the rates apply shall be shown
or a reference made by P.U.C. number to a tariff on file with the Commission
containing the specifications.
(D) A tariff may provide rates from or to designated points by the addition or deduction of
arbitraries or differentials from or to rates shown from or to base points. The
provision for the addition or deduction of arbitraries or differentials shall be shown
either in connection with the base rate or in a separate item which shall name the
base point and state the manner the arbitraries or differentials shall be applied.
(E) When a truckload or volume commodity rate is published, the minimum quantity on
which the rate applies shall be stated in the tariff containing the commodity rate,
except as provided in Section 4(a)(6)(F) below. When a rate on a mixed truckload
or quantity shipment of two or more articles is published, the tariff shall show the
minimum on which the rate applies. If the articles are not made subject to the
same rate, or if a different minimum is provided for different articles, the tariff
shall show how the minimum charge per shipment shall be determined.
(F) The rate for the transportation of a number of articles may be provided by a generic
term, on a commodity-item-basis rate without naming the articles. This may be
done only if the commodity item contains reference to an item (not a rate item) in
a tariff which contains a complete list of the articles, or contains reference to the
P.U.C. number of a separate tariff (not a rate tariff) containing a list of the articles.
Examples are:
Packing-house products as described in Item
__________________________ or successive issues of Item
__________________________
OR
Packing-house products in P.U.C. __________________________
Amendments or successive issues of PUC
__________________________
Reference to a separate item or tariff may not be made unless a complete list of
the articles under the same generic term is shown in the item or tariff to which
reference is made.
(G) When a commodity rate is established, a description of the commodity must be
specific. A uniform commodity description shall be used in all tariffs, to the extent
possible.
(H) A tariff of a common carrier containing a joint rate shall specify the route over which
the rate applies and shall specify the route in a manner that it may be definitely
determined. This provision means that the names of carriers and transfer points
via which the joint rate applies shall be shown; it does not mean that highway
numbers must be shown.
SECTION 5 Amendments
(a) Tariffs shall only be amended by supplement, reissue of a page, or reissue of the tariff.
(b) A tariff shall indicate a change made in an existing rate, charge, classification, rule or other provision
by use of one or more of the following uniform symbols:
(R) to denote reductions
* or (I) to denote increases
(C) to denote changes in wording which result in neither increases nor reductions in charges
+ or (A) to denote additions.
An explanation of each symbol shall be set forth in the tariff where it is used, and each symbol
shall not be used for any other purpose.
SECTION 6 Suspended Matter
(a) Suspension of Tariff Provision. Upon receipt of an order suspending any tariff provision, the carrier or
agent who filed the tariff shall immediately file with the Commission and post a consecutively
numbered supplement.
(1) The supplement shall not state an effective date, but shall have a notice of suspension
containing:
(A) a reference to the portion of the suspended tariff;
(B) the date to which the tariff provision is suspended;
(C) a statement that rates and provisions under suspension may not be used during the
suspension period;
(D) specific reference by P.U.C. number to the tariff or revised page where rates,
charges, classifications, rules or provisions respecting practices continued in
effect will be found;
(E) a quotation of the portion of the Commission decision which describe the suspended
tariff provision;
(F) a reference to the paragraph of the decision containing the date to which the
provision has been suspended; and
(G) a reference to the paragraph of the decision prohibiting changes in the tariff provision
continued in effect during the suspension period.
(b) Extension of Tariff Suspension. Upon receipt of an order extending the suspension of any tariff
provision beyond the date to which it was originally suspended, the carrier or agent who filed the
tariff immediately shall issue and file with the Commission a supplement to each suspended tariff.
The supplement shall not contain an effective date, but shall contain on the title page
substantially the following statement:
The tariff provision(s) suspended by Decision No. __________________________ dated
__________________________, 19 __________________________, in Investigation and
Suspension Docket No. __________________________ as indicated in Supplement No.
__________________________ (here show the number of the Supplement issued under the
original suspension order under the same I. & S. Docket Number) (is/are) further suspended
until__________________________ __________________________ (here show the date to
which the suspended tariff provision(s) (is/are) further suspended, as indicated in the extended
suspension order).
SECTION 7 Rates Prescribed by Commission
(a) When the Commission issues a decision which prescribes a rate, amendment or other tariff change,
each carrier to which the decision applies promptly shall file and post revised tariff sheets stating
the following on each reissued page:
Filed in compliance with Public Utilities Commission Decision No.
__________________________.
(b) When an entire tariff is issued in compliance with a Commission decision, whether made effective on
less than 30 days' notice or on 30 days' or more notice, the tariff shall have the following
statement on its title page:
Filed in compliance with Public Utilities Commission Decision No.
__________________________.
SECTION 8 Adoption of Tariffs When Carrier Name or Ownership Changes
See Rule 33 and Form G of these Rules for the provisions governing this subject.
SECTION 9 Filing and Posting Tariffs
(a) Tariffs and amendments to tariffs shall be filed by the proper officer or authorized agent of the carrier.
When a tariff or amendment is filed by an agent, a power of attorney signed by each carrier
participating in the tariff or amendment shall be on file with the Commission or shall accompany
the tariff or amendment. A tariff shall be filed by the issuing carrier or agent, and shall constitute a
filing for all carriers who are parties to it. An agent authorized to act for a carrier may file a tariff
under the P.U.C. number of the agent.
(b) A carrier which grants authority to an agent to publish and file tariffs shall not publish and file tariffs
which duplicate or conflict with those published and filed by its agent.
(c) Each carrier and agent shall file tariffs under consecutive P.U.C. numbers or in series.
(d) Two copies of all tariffs and amendments shall be filed with the Commission and shall be
accompanied by a letter of transmittal on one sheet 8-1/2 × 11 inches in size, as in Form M.
(e) A tariff or a revised page which is received for filing too late to give the Commission the notice
required by law, shall be rejected and returned to the submitting carrier or agent. Telegraphic
notice shall not comply with the notice required by law. The time period for computing notice shall
start when the tariff or revised page is received by the Commission, and the time during which a
tariff or amendment is in transit to the Commission for filing shall not be considered for
compliance with notice requirements.
(f) When a tariff or amendment is determined by the Commission to be unlawful, the number contained in
it shall not be used again. The tariff or amendment shall not be referred to afterwards as
cancelled, amended, or otherwise. A tariff or amendment that is issued to take the place of the
unlawful tariff or amendment shall contain the following statement:
Issued in lieu of PUC No. __________________________, (Revised Page No.
__________________________) which was determined by the Commission to be unlawful.
SECTION 10 Applications for Special Permission
(a) Applications for permission to change a tariff or time schedule on less than 30-days' notice shall be
signed by an officer authorized to file tariffs or time schedules, and shall be as in Form B. An
order authorizing a carrier to change a tariff or time schedule on less than 30-days' notice shall be
entered only for good cause shown.
(b) When a carrier or an agent desires to amend a tariff or time schedule on less than 30-days' notice for
two or more carriers, application shall be made in the same form as for individual carriers, except
it shall state the names of all carriers on whose behalf it is filed.
SECTION 11 Powers of Attorney - Concurrence in Tariffs
(a) Any carrier may appoint an attorney or agent to issue, file, amend, or concur in a tariff. (See Form H).
(b) Any carrier may concur in tariffs issued by another carrier or its agent. (See Form O).
SECTION 12 Time Schedules
(a) A carrier which operates on schedule shall file two copies of each time schedule with the Commission,
and post a copy for public information in each waiting room at stations where passenger tickets
are sold, and at freight depots or terminals, as appropriate. If a carrier does not have waiting
rooms, ticket offices, freight depots or terminals, the driver of each vehicle shall carry copies of
the time schedule, and shall furnish them to passengers or shippers upon request.
(b) The time schedules filed with the Commission and posted for public information shall be followed. Any
interruption of regular service for 24 continuous hours or more than is stated in the schedule,
shall be promptly reported to the Commission in writing, and communicated to the affected public,
with a detailed statement of the cause and anticipated length of the service interruption.
(c) Time schedules shall contain:
(1) A list of all stations, depots or terminals on the carrier's route in geographical order, with
distances to each point from the terminus;
(2) A statement whether service is daily or otherwise, and if otherwise a statement describing the
other service;
(3) For passenger carriers, a statement of arrival and departure times from each station, depot or
terminal at the terminus of each intermediate point between the termini;
(4) The address of each station, depot and terminal;
(5) Any other information (e.g. any point on the route of the carrier to which service cannot be
provided and reasons why; rest or lunch stations, etc.);
(d) The title page of a time schedule shall show:
(1) The name of the issuing carrier;
(2) The time schedule No. __________________________, followed by the cancelled time
schedule number. Time schedules shall be numbered in consecutive order from No. 1.
Colorado P.U.C. Numbers shall not be used for time schedules.
(3) The points from and to where the time schedule applies; and
(4) The date of issue and effective date.
(e) Time schedules filed with the Commission by passenger carriers shall be in book, pamphlet, or looseleaf form, 8-1/2 by 11 inches in size, and in substantially the following form:
(Page 1)
(Title Page)
PASSENGER TIME SCHEDULE Wm. Smith and John Brown Doing Business as The Paradise Valley
Transportation Company Time Schedule No. 4 Cancels Time Schedule No. 3 Showing Times of Arrival
and Departure from DENVER, FORT COLLINS and Intermediate Points
__________________________
Issued
Effective
__________________________
Address: 946 Metropolitan Building
Denver, Colorado 80202
Issued by The Paradise Valley Transportation Company By John J. Jay, Manager
__________________________ __________________________
(Page 2)
Time Schedule Southbound Daily Read Down
Fort Collins (Leave)
Loveland (Leave)
Longmont (Arrive)
Longmont (Leave)
Lafayette (Leave)
Denver (Arrive)
Miles
00.0
14.0
32.0
44.5
67.0
No. 2
A.M.
7:00
7:35
8:10
8:20
8:50
9:45
No. 4
A.M.
11:15
11:50
12:25
12:35
1:05
2:00
No. 1
A.M.
10:45
10:10
9:25
9:15
8:55
8:00
No. 3
A.M.
1:15
12:40
11:55
11:45
11:25
10:30
Northbound Daily Read Up
Fort Collins (Arrive)
Loveland (Arrive)
Longmont (Leave)
Longmont (Arrive)
Lafayette (Arrive)
Denver (Leave)
*
Miles
67.0
53.0
35.0
22.5
00.0
No. 7 and 8 express and passenger daily except Sunday.
(Note 1. light figures A.M., dark figures P.M.)
Rest Room and Lunch Counter at Longmont.
Depots:
Denver—1620 Court Place
Longmont—St. Vrain Hotel, 240 Main Street
Fort Collins—Antlers Hotel, 224 Linden Street
(Note 2. This form is an illustration. A carrier desiring to follow it must use its own details as to time,
routes, etc.)
(f) A time schedule filed with the Commission by a property carrier shall be in book, pamphlet, or looseleaf form, 8-1/2 by 11 inches in size, in substantially the following form:
(Title Page)
(Page 1)
FREIGHT LINE TIME SCHEDULE ABC FREIGHT LINE Time Schedule No. 2 Cancels Time Schedule
No. 1 Showing Times of Arrival and Departure
Address: 946 Metropolitan Building
Denver, Colorado 80202
Issued by The Paradise Valley Transportation Company By John J. Jay, Manager
__________________________ __________________________
(Page 2)
Time Schedule Southbound Daily Read Down
Fort Collins (Leave)
Loveland (Leave)
Longmont (Arrive)
Longmont (Leave)
Lafayette (Leave)
Denver (Arrive)
Miles
00.0
14.0
32.0
44.5
67.0
No. 2
A.M.
7:00
7:35
8:10
8:20
8:50
9:45
No. 4
A.M.
11:15
11:50
12:25
12:35
1:05
2:00
No. 1
A.M.
10:45
10:10
9:25
9:15
8:55
8:00
No. 3
A.M.
1:15
12:40
11:55
11:45
11:25
10:30
Northbound Daily Read Up
Fort Collins (Arrive)
Loveland (Arrive)
Longmont (Leave)
Longmont (Arrive)
Lafayette (Arrive)
Denver (Leave)
*
Miles
67.0
53.0
35.0
22.5
00.0
No. 7 and 8 express and passenger daily except Sunday.
(Note 1. light figures A.M., dark figures P.M.)
Rest Room and Lunch Counter at Longmont.
Depots:
Denver—1620 Court Place
Longmont—St. Vrain Hotel, 240 Main Street
Fort Collins—Antlers Hotel, 224 Linden Street
(Note 2. This form is an illustration. A carrier desiring to follow it must use its own details as to time,
routes, etc.)
(f) A time schedule filed with the Commission by a property carrier shall be in book, pamphlet, or looseleaf form, 8-1/2 by 11 inches in size, in substantially the following form:
(Title Page)
(Page 1)
FREIGHT LINE TIME SCHEDULE ABC FREIGHT LINE Time Schedule No. 2 Cancels Time Schedule
No. 1 Showing Times of Arrival and Departure
from DENVER, BOULDER and Intermediate Points
__________________________
Issued
Effective
__________________________
Address: 1683 So. Lansing Street
Aurora, Colorado 80012
Issued by ABC Freight Line By John A. Dough, Manager
(Page 2)
FREIGHT LINE TIME SCHEDULE Time Schedule
Miles
Station
00.0
Boulder
5.4
9.6
15.6
Marshall
Superior
Broomfield
29.6
Denver
Depots:
Denver - 1620 Court Place.
Broomfield - Jack's Garage, 335 Main Street.
Boulder - 280 Main Street.
SECTION 13 Classification
Service
Daily - Monday thru
Friday
Monday and Wednesday
Tuesday and Thursday
Daily - Monday thru
Friday
Daily - Monday thru
Friday
(a) A tariff containing class rates filed by a motor vehicle property carrier shall be governed by the
National Motor Freight Traffic Association, Inc., Agent, National Motor Freight Classification,
ICCNMF100-H, Colorado P.U.C. No. 18, as amended or successive reissues.
(b) A change filed in a supplement or in a reissue of a classification by the National Motor Freight Traffic
Association, Inc., Agent, with the Commission, shall be considered as prescribed by the
Commission in Case No. 1585 unless the Commission suspends the filing in whole or in part.
APPENDICES B-Z - Reserved for Future Use