# Precondition to Application

**Citation:** 4 CCR 723-4 Rule 4702  
**Type / status:** regulation / current  
**Agency:** Colorado Public Utilities Commission  
**Effective:** Not stated  
**Published:** Not stated

In order for a utility or power authority to appeal a local government action to the Commission pursuant to this rule and pursuant to § 29-20-108, C.R.S., one or more of the following conditions must be met: (a) the utility or power authority has applied for or has obtained a certificate of public c

## Document text

In order for a utility or power authority to appeal a local government action to the
Commission pursuant to this rule and pursuant to § 29-20-108, C.R.S., one or more of
the following conditions must be met:
(a) the utility or power authority has applied for or has obtained a certificate of public
convenience and necessity from the Commission pursuant to § 40-5-101, C.R.S.,
to construct the major natural gas facility that is the subject of the local
government action;

(b) a certificate of public convenience and necessity is not required for the utility or
power authority to construct the major natural gas facility that is the subject of the
local government action; and
(c) the Commission has previously entered an order pursuant to § 40-4-102, C.R.S.,
that conflicts with the local government action.

## Provenance

- Official: Yes
- Source: <https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4>
- Source ID: `co-sos-ccr`
- SHA-256: `9d0777a4520710bba1046617b5726de471356b8f90fa14fa3afd89a498a89ac1`
- Retrieved: 2026-08-12T04:36:48.096Z
- Exported: 2026-08-23T18:26:12.468Z
- Document slug: `co-ccr-4-723-4-4702`

### Source metadata

```json
{
  "jurisdiction": "US-CO",
  "code": "4 CCR 723-4",
  "ruleKey": "4702",
  "pipelineScope": "colorado-jurisdictional-gas-utilities",
  "legalScope": "Current 4 CCR 723-4 rules regulating Colorado jurisdictional gas utilities and gas master-meter operators, including construction, operation, system safety, gas infrastructure planning, metering, service, and enforcement provisions. This is an adjacent gas-utility corpus, not a replacement for the repealed dedicated 4900-series pipeline-safety rules.",
  "applicabilityCaveat": "Part 4 applies according to Colorado Public Utilities Commission jurisdiction and each rule's scope. The former dedicated pipeline-safety rules 4900 through 4975 are reserved after repeal; this connector does not represent them as current. Part 4 does not replace federal pipeline-safety requirements, determine whether a facility is interstate or intrastate, or resolve operator-specific orders, waivers, tariffs, or later rulemaking.",
  "references": [
    {
      "citation": "29-20-108 C.R.S.",
      "referenceType": "colorado-revised-statutes",
      "url": null
    },
    {
      "citation": "40-5-101 C.R.S.",
      "referenceType": "colorado-revised-statutes",
      "url": null
    },
    {
      "citation": "40-4-102 C.R.S.",
      "referenceType": "colorado-revised-statutes",
      "url": null
    }
  ],
  "ruleInfoUrl": "https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4",
  "pucRulesUrl": "https://puc.colorado.gov/gasrulesandregulations",
  "ruleVersionId": "12549",
  "editionEffectiveOn": "2026-06-14",
  "publicationStatus": "The Colorado Secretary of State identifies the source as the official publication of state administrative rules. The edition date applies to the compiled rule version and is not represented as the effective date of every provision.",
  "rights": "Official state rule text is preserved with attribution and source links. Public accessibility does not imply rights in agency marks, third-party material, or incorporated standards; commercial redistribution requires review.",
  "region": "CO"
}
```