{"operation":"document","citation":"4 CCR 723-4 Rule 4106","title":"Flexible Regulation to Provide Jurisdictional Service Without Reference to Tariffs","source_type":"regulation","agency":"Colorado Public Utilities Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"(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 re","machine_formats":{"json":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4106.json","markdown":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4106.md"},"app_url":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4106","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 a jurisdictional service without reference to a\ntariff shall file an application pursuant to this rule. A utility cannot provide a\njurisdictional service without reference to a tariff without authority from the\nCommission.\n(b) An application for flexible regulation to provide jurisdictional service without\nreference to tariffs shall include, in the following order and specifically identified,\nthe following information, either in the application or in appropriately identified\nattachments:\n(I) all information required in paragraphs 4002(b) and 4002(c);\n(II) the name of the customer or potential customer;\n(III) a description of the jurisdictional service or services which the applying\nutility seeks to provide to a customer or a potential customer;\n\n(IV) a description of the manner in which the applying utility will provide the\njurisdictional service or services if it contracts with a customer or potential\ncustomer;\n(V) the facts (not in conclusory form) which the applying utility believes satisfy\nthe requirements of § 40-3-104.3(1)(a), C.R.S.; and\n(VI) a statement that the applying utility has provided, or will provide when\navailable, the application and contract as required by paragraph 4106(c) of\nthis rule.\n(c) The contract which is the subject of the application shall be filed when available\nwith the Commission under seal pursuant to rules 1100 through 1102 and § 40-3-\n104.3(1)(b), C.R.S. The applying utility shall furnish the application and, when it\nis available, the contract, under seal, to the OCC. Unless the applying utility\nrequests other treatment, the Commission and the OCC shall treat the contract\nas confidential. If the Commission grants a protective order preserving the\nconfidentiality of the contents of an application, then the applying utility shall also\nfurnish a non-confidential version of the application without the contract to any\nutility then providing service to the customer or potential customer.\n(d) The direct testimony and attachments to be offered at hearing shall accompany\nthe application unless the applying utility believes that the application will be\nuncontested and unopposed. If an attachment is large or cumbersome, the\napplying utility shall file the attachment with the Commission; shall provide, for\nthe benefit of the intervenors, the title of the attachment and a summary of the\ninformation contained in the attachment; and shall state the location (other than\nthe Commission) at which parties may inspect the attachment.\n(e) Pre-filed testimony or attachments shall not be modified once filed unless the\nmodification is to correct typographical errors or misstatements of fact or unless\nall parties to the proceeding agree to the modification. In the event a substantive\nmodification is made without the agreement of all parties, the Commission may\nallow the modification only upon a showing of good cause. The Commission may\nconsider the effect of the substantive modification as a basis for a motion to\ncontinue in order to allow the Commission staff or any other party a reasonable\nopportunity to investigate and, if necessary, to address the modification.\n(f) The Commission shall provide notice of the application. Any person desiring to\nintervene in a proceeding initiated pursuant to § 40-3-104.3, C.R.S., and this rule\nshall move to do so within five days of the date the Commission provides notice.\n(g) Within five days of receiving written notice of an intervention in a proceeding\ninitiated pursuant to § 40-3-104.3, C.R.S., and this rule, the applying utility shall\nhand-deliver or otherwise provide to the intervenor a non-confidential version of\nthe application and the applying utility’s pre-filed testimony and attachments.\n\n(h) Unless the Commission orders otherwise, the applying utility shall publish notice\nof the application in a newspaper of general circulation within three days of the\nfiling of the application.\n(i) In addition to the requirements of subparagraphs 4002(d)(I) - (XII), the notice\nprovided by the applying utility shall contain the following information:\n(I) the address of the applying utility;\n(II) the name of the customer(s) or potential customer(s) involved;\n(III) a statement that the identified customer(s) or potential customer(s) may\nhave the ability to provide its/their own service or may have competitive\nalternatives available to it/them;\n(IV) a general description of the jurisdictional services to be provided;\n(V) a statement of where affected customers may call to obtain information\nconcerning the application and;\n(VI) a statement that anyone desiring to participate as a party must file a\npetition to intervene within five days from the date of Commission notice of\nthe application and that the intervention must comport with the\nCommission's Rules Regulating Practice and Procedure.\n(j) Within three days of providing notice, the applying utility shall file with the\nCommission an affidavit showing proof of publication of notice.\n(k) On a case-by-case basis, the Commission may require the applying utility to\nprovide additional information.\n(l) Should an application be filed which the Commission determines is not complete,\nthe Commission or Commission staff shall notify the applying utility within seven\ndays from the date the application is filed of the need for additional information.\nThe applying utility may then supplement the application so that it is complete.\nOnce the application is complete, the Commission will process the application,\nwith all applicable timelines running from the date the application is completed.\n(m) The Commission shall issue an order approving or disapproving the application\nwithin the time permitted under § 40-3-104.3(1)(b), C.R.S.\n(n) At the time of any proceeding in which a utility’s overall rate levels are\ndetermined, the Commission may require the utility to file a fully distributed cost\nmethod which segregates investments, revenues, and expenses associated with\njurisdictional utility service provided pursuant to any contract approved under this\nrule 4106 from other regulated utility operations in order to ensure that\njurisdictional utility service provided pursuant to contract is not subsidized by\nrevenues from other regulated utility operations.\n\n(o) The applying utility shall provide final contract or other description of the price\nand terms of service as specified in § 40-3-104.3(1)(e), C.R.S.","truncated":false,"body_characters":6433}