# Certificate of Public Convenience and Necessity for Service Territory

- **operation:** document
- **citation:** 4 CCR 723-4 Rule 4101
- **title:** Certificate of Public Convenience and Necessity for Service Territory
- **source type:** regulation
- **agency:** Colorado Public Utilities Commission
- **status:** current
- **official:** true
- **published on:** Not available
- **effective on:** Not available
- **summary:** (a) A utility seeking authority to provide service in a new service territory shall file an application pursuant to this rule. A utility cannot provide service to a new geographic area without authority from the Commission, unless the utility extends its facilities and service: (I) within a city and
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4101.json
- **markdown:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4101.md
- **app url:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4101
- **source url:** 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
**body:**

(a) A utility seeking authority to provide service in a new service territory shall file an
application pursuant to this rule. A utility cannot provide service to a new
geographic area without authority from the Commission, unless the utility extends
its facilities and service:
(I) within a city and county or city or town within which the utility has lawfully
commenced operations;
(II) into territory contiguous to the utility’s facility, line, plant, or system that is
not served by a public utility providing the same commodity or service; or
(III) within or to territory already served by the utility and the extension is
necessary in the ordinary course of business.
(b) An application for certificate of public convenience and necessity to provide
service in a new territory shall include, in the following order and specifically
identified, the following information, either in the application or in appropriately
identified attachments:
(I) the information required in paragraphs 4002(b) and 4002(c);
(II) a statement of the facts (not conclusory statements) relied upon by the
applying utility to show that the public convenience and necessity require
the granting of the application;
(III) a description of the type of utility service to be rendered and a description
of the area sought to be served;
(IV) a map showing the specific geographic area that the applying utility
proposes to serve. If the applying utility intends to phase in service in the
territory over time, specific areas and proposed in-service dates shall be
included. The map shall describe the geographic areas in section,
township, and range convention;
(V) a statement describing in detail the extent to which the applying utility is
an affiliate of any other utility which holds authority duplicating in any
respect the territory sought;
(VI) 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;

(VII) a feasibility study for the proposed area to be served, which shall at least
include estimated investment, income, and expense. An applying utility
may request that its most recent audited balance sheet, income
statement, statement of retained earnings, and statement of cash flows be
submitted in lieu of a feasibility study; and
(VIII) a statement of the names of public utilities and other entities of like
character providing similar service in or near the area sought to be served.
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