Flexible Regulation to Provide Jurisdictional Service Without Reference to Tariffs

(a)A utility seeking authority to provide a jurisdictional service without reference to a tariff shall file an application pursuant to this rule. A utility cannot provide a jurisdictional service without reference to a tariff without authority from the Commission.#

(b)An application for flexible regulation to provide jurisdictional service without reference to tariffs shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attachments:#

(I)all information required in paragraphs 4002(b) and 4002(c);#

(II)the name of the customer or potential customer;#

(III)a description of the jurisdictional service or services which the applying utility seeks to provide to a customer or a potential customer;#

(IV)a description of the manner in which the applying utility will provide the jurisdictional service or services if it contracts with a customer or potential customer;#

(V)the facts (not in conclusory form) which the applying utility believes satisfy the requirements of § 40-3-104.3(1)(a), C.R.S.; and#

(VI)a statement that the applying utility has provided, or will provide when available, the application and contract as required by paragraph 4106(c) of this rule.#

(c)The contract which is the subject of the application shall be filed when available with the Commission under seal pursuant to rules 1100 through 1102 and § 40-3- 104.3(1)(b), C.R.S. The applying utility shall furnish the application and, when it is available, the contract, under seal, to the OCC. Unless the applying utility requests other treatment, the Commission and the OCC shall treat the contract as confidential. If the Commission grants a protective order preserving the confidentiality of the contents of an application, then the applying utility shall also furnish a non-confidential version of the application without the contract to any utility then providing service to the customer or potential customer.#

(d)The direct testimony and attachments to be offered at hearing shall accompany the application unless the applying utility believes that the application will be uncontested and unopposed. If an attachment is large or cumbersome, the applying utility shall file the attachment with the Commission; shall provide, for the benefit of the intervenors, the title of the attachment and a summary of the information contained in the attachment; and shall state the location (other than the Commission) at which parties may inspect the attachment.#

(e)Pre-filed testimony or attachments shall not be modified once filed unless the modification is to correct typographical errors or misstatements of fact or unless all parties to the proceeding agree to the modification. In the event a substantive modification is made without the agreement of all parties, the Commission may allow the modification only upon a showing of good cause. The Commission may consider the effect of the substantive modification as a basis for a motion to continue in order to allow the Commission staff or any other party a reasonable opportunity to investigate and, if necessary, to address the modification.#

(f)The Commission shall provide notice of the application. Any person desiring to intervene in a proceeding initiated pursuant to § 40-3-104.3, C.R.S., and this rule shall move to do so within five days of the date the Commission provides notice.#

(g)Within five days of receiving written notice of an intervention in a proceeding initiated pursuant to § 40-3-104.3, C.R.S., and this rule, the applying utility shall hand-deliver or otherwise provide to the intervenor a non-confidential version of the application and the applying utility's pre-filed testimony and attachments.#

(h)Unless the Commission orders otherwise, the applying utility shall publish notice of the application in a newspaper of general circulation within three days of the filing of the application.#

(i)In addition to the requirements of subparagraphs 4002(d)(I) - (XII), the notice provided by the applying utility shall contain the following information:#

(I)the address of the applying utility;#

(II)the name of the customer(s) or potential customer(s) involved;#

(III)a statement that the identified customer(s) or potential customer(s) may have the ability to provide its/their own service or may have competitive alternatives available to it/them;#

(IV)a general description of the jurisdictional services to be provided;#

(V)a statement of where affected customers may call to obtain information concerning the application and;#

(VI)a statement that anyone desiring to participate as a party must file a petition to intervene within five days from the date of Commission notice of the application and that the intervention must comport with the Commission's Rules Regulating Practice and Procedure.#

(j)Within three days of providing notice, the applying utility shall file with the Commission an affidavit showing proof of publication of notice.#

(k)On a case-by-case basis, the Commission may require the applying utility to provide additional information.#

(l)Should an application be filed which the Commission determines is not complete, the Commission or Commission staff shall notify the applying utility within seven days from the date the application is filed of the need for additional information. The applying utility may then supplement the application so that it is complete. Once the application is complete, the Commission will process the application, with all applicable timelines running from the date the application is completed.#

(m)The Commission shall issue an order approving or disapproving the application within the time permitted under § 40-3-104.3(1)(b), C.R.S.#

(n)At the time of any proceeding in which a utility's overall rate levels are determined, the Commission may require the utility to file a fully distributed cost method which segregates investments, revenues, and expenses associated with jurisdictional utility service provided pursuant to any contract approved under this rule 4106 from other regulated utility operations in order to ensure that jurisdictional utility service provided pursuant to contract is not subsidized by revenues from other regulated utility operations.#

(o)The applying utility shall provide final contract or other description of the price and terms of service as specified in § 40-3-104.3(1)(e), C.R.S.#