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Colorado Statutes, Title 40

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Title 40, Utilities

0 chapters · 538 sections in this title.

All chapters in Title 40538 Ch 10.181 Ch 255 Ch 1543 Ch 2030 Ch 9.529 Ch 3.226 Ch 325 Ch 624 Ch 719 Ch 4116 Ch 2715 Ch 8.715 Ch 414 Ch 910

538 sections·Filtered byTitle 40✕

Colo. Rev. Stat. § 40-5-101 New construction - extension - compliance with local zoning rules
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(1) (a) A public utility shall not begin the construction of a new facility, plant, or system or the extension of its facility, plant, or system without first obtaining from the commission a certificate that the present or future public convenience and necessity require, or will …
Colo. Rev. Stat. § 40-5-101.5 Investor-owned utilities' service extension policies - commission review - rules
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(1) Within one hundred eighty days after August 9, 2017, the commission shall open a nonadjudicatory proceeding to evaluate investor-owned utilities' current service extension policies for serving new load applications; except that gas-only, investor-owned utilities are not subje…
Colo. Rev. Stat. § 40-5-102 Certificate of public convenience and necessity
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No public utility shall exercise any right or privilege under any franchise, permit, ordinance, vote, or other authority granted after April 12, 1913, or under any franchise, permit, ordinance, vote, or other authority granted before April 12, 1913, but not actually exercised bef…
Colo. Rev. Stat. § 40-5-103 Certificate - application for - issuance

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(1) Before any certificate may issue under sections 40-5-101 to 40-5-104, a certified copy of its articles of incorporation or charter, if the applicant is a corporation, shall be filed in the office of the commission. Every applicant for a certificate to exercise franchise right…

Colo. Rev. Stat. § 40-5-104 Acquisition by municipality

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(1) Any municipality which has acquired or constructed any public utility plant, property, or facility has the power to contract with a public utility for the operation of any part or the whole thereof, subject to the provisions of articles 1 to 7 of this title and to exercise, i…

Colo. Rev. Stat. § 40-5-105 Certificate or assets may be sold, assigned, or leased

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(1) The assets of any public utility, including any certificate of public convenience and necessity or rights obtained under any such certificate held, owned, or obtained by any public utility, may be sold, assigned, or leased as any other property, but only upon authorization by…

Colo. Rev. Stat. § 40-5-106 Designation for service of process

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(1) It is the duty of every public utility operating in, through, or into the state of Colorado to file with the commission a designation in writing, under oath, of the name and post office address of a person upon whom service of notices or orders in proceedings pending before t…

Colo. Rev. Stat. § 40-5-107 Electric vehicle programs - service connection cost recovery - definitions - repeal

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(1) (a) No later than May 15, 2020, and on or before May 15 every three years thereafter, an electric public utility shall file with the commission an application for a program for regulated activities to support widespread transportation electrification within the area covered b…

Colo. Rev. Stat. § 40-5-108 Electric utility participation in organized wholesale markets required - conditions - authority of commission - legislative declaration - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Organized wholesale market" or "OWM" means a regional transmission organization, also known as an RTO, or an independent system operator, also known as an ISO, established for the purpose of coordinating and…

Colo. Rev. Stat. § 40-6-101 Proceedings - delegation of duties - rules

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(1) The commission shall conduct its proceedings in such manner as will best conduce the proper dispatch of business and the ends of justice. All of the provisions of article 4 of title 24, C.R.S., shall apply to the work, business, proceedings, and functions of the commission, o…

Colo. Rev. Stat. § 40-6-102 Service - fees - depositions - examination of witnesses

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(1) The commission, each commissioner, an administrative law judge with respect to matters referred to such judge, and the director of the commission may issue notices, orders to satisfy or answer, summonses, subpoenas, and commissions to take the deposition of a witness whose te…

Colo. Rev. Stat. § 40-6-103 Administration of oaths - compulsion of testimony - fees

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(1) The commission, each commissioner, the director, and any administrative law judge as to matters referred to such judge have power to administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of records, documents, a…

Colo. Rev. Stat. § 40-6-104 Certified copies - evidence - orders

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(1) Copies of all official documents, commission decisions, and orders on file with the commission, or documents filed or deposited according to law in the office of the commission, certified by a commissioner or by the director under the official seal of the commission to be tru…

Colo. Rev. Stat. § 40-6-105 Fees - copies of records - disposition

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(1) The commission shall charge the following fees: For copies of papers and records not required to be certified or otherwise authenticated by the commission, twenty cents for each page; for certified copies of official documents and orders filed in its office, twenty cents for …

Colo. Rev. Stat. § 40-6-106 Power to inspect books and accounts

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The commission, each commissioner, and any person employed by the commission shall have the right to inspect the records and documents of any public utility; and the commission, each commissioner, or any employee authorized to administer oaths has the power to examine under oath …

Colo. Rev. Stat. § 40-6-107 Production of documents - transparency in planning for future acquisitions - rules

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(1) The commission may require, by order served on any public utility in the manner provided in section 40-6-102 for the service of orders, the production within this state at such time and place as it may designate of any records and documents kept by the public utility in any o…

Colo. Rev. Stat. § 40-6-108 Complaints - service - notice of hearing - rules

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(1) (a) Complaint may be made by the commission on its own motion or by any corporation, person, chamber of commerce, or board of trade, or by any civic, commercial, mercantile, traffic, agricultural, or manufacturing association or organization, or by any body politic or municip…

Colo. Rev. Stat. § 40-6-109 Hearings - orders - record - review - representation of entities in nonadjudicatory proceedings - rules

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(1) (a) (I) At the time fixed for any hearing before the commission, any commissioner, or an administrative law judge or at the time to which the hearing may have been continued, the following persons are entitled to be heard, examine and cross-examine witnesses, and introduce ev…

Colo. Rev. Stat. § 40-6-109.5 Hearings on applications - time limits for decisions - rules

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(1) Whenever an application of any kind is filed with the commission and is accompanied by the applicant's supporting testimony or a detailed summary of the supporting testimony, together with exhibits, if any, the commission shall issue its decision on the application no later t…

Colo. Rev. Stat. § 40-6-110 Complaint by utility

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Any public utility has a right to complain on any grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases. Source: L. 13: p. 495, § 47. C.L. § 2956. CSA: C. 137, § 47. CRS 53: § 115-6-10. C.R.S…

Colo. Rev. Stat. § 40-6-111 Hearing on schedules - suspension - new rates - rejection of tariffs

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(1) (a) Whenever there is filed with the commission any tariff or schedule stating any new or changed individual or joint rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation, the commission has power, either upon complaint or upon its own ini…

Colo. Rev. Stat. § 40-6-112 Alteration or amendment of decision - decisions final in collateral actions

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(1) The commission, at any time upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, may rescind, alter, or amend any decision made by it. Any decision rescinding, altering, or amending a prior decision, when served …

Colo. Rev. Stat. § 40-6-113 Transcripts - record on review

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(1) In any proceeding the commission, any single commissioner, or any administrative law judge may order a transcript of all or any part of such proceeding. The cost of preparing the transcript shall be paid by the commission. If any party to any proceeding seeks to reverse, modi…

Colo. Rev. Stat. § 40-6-114 Reconsideration, reargument, or rehearing - application - basis of review - order - exception

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(1) After a decision has been made by the commission or after a decision recommended by an individual commissioner or administrative law judge has become the decision of the commission, as provided in this article, any party thereto may within twenty days thereafter, or within su…

Colo. Rev. Stat. § 40-6-115 Review by district court - mandamus

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(1) Within thirty days after a final decision by the commission in any proceeding, any party to the proceeding before the commission may apply to the district court for a writ of certiorari or review for the purpose of having the lawfulness of the final decision inquired into and…

Colo. Rev. Stat. § 40-6-116 Suspension of decision - notice - bond - accounting pending review

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(1) The pendency of a writ of certiorari or review shall not of itself stay or suspend the operation of the decision of the commission; but, during the pendency of such writ, the district court, in its discretion, may stay or suspend, in whole or in part, the operation of the com…

Colo. Rev. Stat. § 40-6-117 Priority on court calendar

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All actions and proceedings under this title, and all actions or proceedings to which the commission or the people of the state of Colorado may be parties, and in which any question arises under this title or under or concerning any decision of the commission, shall be preferred …

Colo. Rev. Stat. § 40-6-118 Valuations - hearings - findings - review

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(1) For the purpose of ascertaining the matters and things specified in section 40-4-110, concerning the value of the property of public utilities, the commission may cause a hearing to be held at such time and place as the commission may designate. Before any hearing is had, the…

Colo. Rev. Stat. § 40-6-119 Excess charges - reparation - actions - limitation

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(1) When complaint has been made to the commission concerning any rate, fare, toll, rental, or charge for any product or commodity furnished or service performed by any public utility and the commission has found, after investigation, that the public utility has charged an excess…

Colo. Rev. Stat. § 40-6-121 Computation of time

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When the day for the performance of any act under this title, the effective date of any commission decision or order, the effective date of any administrative law judge's or commissioner's recommended decision, or the day upon which any document is required to be filed with the c…

Colo. Rev. Stat. § 40-6-122 Ex parte communications - disclosure

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(1) Commissioners and administrative law judges shall file memoranda, in accordance with this section, of all private communications to or from interested persons concerning matters under the commissioners' or judges' jurisdiction. (2) For purposes of this section, "interested pe…

Colo. Rev. Stat. § 40-6-123 Standards of conduct

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(1) Members and staff of the commission shall conduct themselves in such a manner as to ensure fairness in the discharge of the duties of the commission, to provide equitable treatment of the public, utilities, and other parties, to maintain public confidence in the integrity of …

Colo. Rev. Stat. § 40-6-124 Disqualification

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(1) Commissioners and presiding administrative law judges shall disqualify themselves in any proceeding in which their impartiality may reasonably be questioned, including, but not limited to, instances in which they: (a) Have a personal bias or prejudice concerning a party; (b) …

Colo. Rev. Stat. § 40-7-101 Enforcement of laws

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It is the duty of the commission to see that the constitution and statutes of this state affecting public utilities, and persons subject to article 10.1 or 10.5 of this title, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and …

Colo. Rev. Stat. § 40-7-102 Liability for violations - punitive damages

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(1) In case any public utility does, causes to be done, or permits to be done any act, matter, or thing prohibited, forbidden, or declared to be unlawful, or omits to do any act, matter, or thing required to be done, either by the state constitution, any law of this state, or any…

Colo. Rev. Stat. § 40-7-103 Not to affect other rights - penalties cumulative

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(1) The provisions of articles 1 to 7 of this title shall not have the effect of releasing or waiving any right of action by the state, the commission, or any person or corporation for any right, penalty, or forfeiture which may have arisen or accrued under any law of this state.…

Colo. Rev. Stat. § 40-7-104 Actions to restrain violations

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(1) Whenever the commission is of the opinion that any public utility is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is doing anything or about to do anything or permitting anything or ab…

Colo. Rev. Stat. § 40-7-105 Violations - penalty - separate offenses - rules

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(1) Any public utility that violates or fails to comply with any provision of the state constitution or of articles 1 to 7 of this title 40 or that fails, omits, or neglects to obey, observe, or comply with any order, decision, decree, rule, direction, demand, or requirement of t…

Colo. Rev. Stat. § 40-7-106 Violations by agents - penalty

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Every officer, agent, or employee of any public utility who violates or fails to comply with or who procures, aids, or abets any violation by any public utility of any provision of the constitution of this state or of articles 1 to 7 of this title, or who fails to obey, observe, …

Colo. Rev. Stat. § 40-7-107 Violations by corporations not public utilities - penalty

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Every corporation other than a public utility which violates any provision of articles 1 to 7 of this title or which fails to obey, observe, or comply with any order, decision, rule, direction, demand, or requirement of the commission or any part or provision thereof, except an o…

Colo. Rev. Stat. § 40-7-108 Violations by individuals - penalty

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Every person who, either individually or acting as an officer, agent, or employee of a corporation other than a public utility, violates any provision of articles 1 to 7 of this title 40 or who fails to observe, obey, or comply with any order, decision, rule, direction, demand, o…

Colo. Rev. Stat. § 40-7-109 Action to recover penalties - fines paid to general fund

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Actions to recover penalties under this title may be brought in the name of the people of the state of Colorado in the district court in and for the county or city and county in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its…

Colo. Rev. Stat. § 40-7-110 Commission to represent people - when

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(1) Repealed. (2) The commission has the power to appear and represent the interests and welfare of the people of the state of Colorado in all matters and proceedings involving any public utility or carrier pending before any officer, department, board, commission, or court of th…

Colo. Rev. Stat. § 40-7-111 Not to affect interstate or foreign commerce

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None of the provisions of articles 1 to 7 of this title, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states, except insofar as the same may be permitted under the provisions of the constit…

Colo. Rev. Stat. § 40-7-112 Applicability of civil penalties

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(1) (a) A person who operates or offers to operate as a motor carrier as defined in section 40-10.1-101; a motor carrier, motor private carrier, broker, freight forwarder, leasing company, or other person required to register under section 40-10.5-102; or a transportation network…

Colo. Rev. Stat. § 40-7-113 Civil penalties - fines - rules

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(1) [Editor's note: This version of the introductory portion to subsection (1) is effective until January 1, 2027.] In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3) and (4) of this section, any person who violates ar…

Colo. Rev. Stat. § 40-7-113.5 Civil penalties applicable to public utilities - exclusion from rate base

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(1) (a) In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3), (4), and (5) of this section, a public utility furnishing electric, gas, water, water and sewer, or telecommunications service that intentionally violates any…

Colo. Rev. Stat. § 40-7-115 Each day a separate offense

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Each day in which a person violates any statute, rule, or order of the commission for which a civil penalty may be imposed under section 40-7-113 or 40-7-113.5 may constitute a separate offense. Source: L. 89: Entire section added, p. 1542, § 1, effective April 12. L. 2008: Entir…

Colo. Rev. Stat. § 40-7-116 Enforcement of civil penalties against carriers

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(1) (a) Investigative personnel of the commission, Colorado state patrol officers, and port of entry officers as defined in section 42-8-102 (3), C.R.S., have the authority to issue civil penalty assessments for the violations enumerated in sections 40-7-112 and 40-7-113. When a …

Colo. Rev. Stat. § 40-7-116.5 Enforcement of civil penalties against public utilities

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(1) (a) The director of the commission or his or her designee shall have the authority to issue civil penalty assessments for the violations enumerated in section 40-7-113.5, subject to hearing before the commission as set forth in this section. When a public utility is cited for…