# Refunds

- **operation:** document
- **citation:** 4 CCR 723-4 Rule 4410
- **title:** Refunds
- **source type:** regulation
- **agency:** Colorado Public Utilities Commission
- **status:** current
- **official:** true
- **published on:** Not available
- **effective on:** Not available
- **summary:** (a) A utility shall file an application for Commission approval of a refund plan if it seeks to refund monies of an amount that exceeds one half of one percent of the utility's prior year's total gross revenues as reported to the Commission in its most recent annual report. The utility may refund am
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- **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 shall file an application for Commission approval of a refund plan if it
seeks to refund monies of an amount that exceeds one half of one percent of the
utility’s prior year’s total gross revenues as reported to the Commission in its
most recent annual report. The utility may refund amounts to the appropriate
customers or classes of customers of less than one half of one percent of the
utility’s prior year’s gross revenues without Commission approval; however, such
refunds are required to be noted in the utility’s annual report when filed with the
Commission pursuant to paragraph 4006(a).
(b) The application for approval of a refund plan shall include, in the following order
and specifically identified, the following information either in the application or in
the appropriately identified attachments:
(I) all the information required in paragraphs 4002(b) and 4002(c);
(II) the reason for the proposed refund;
(III) a detailed description of the proposed refund plan, including the type of
utility service involved, the service area involved, the class(es) of
customers to which the refund will be made, and the dollar amount (both
the total amount and the amount to be paid to each customer class) of the
proposed refund. The interest rate on the refund shall be the current
interest rate in the applying utility’s customer deposits tariff;
(IV) the date the applying utility proposes to start making the refund, which
shall be no more than 60 days after the filing of the application; the date
by which the refund will be completed; and the means by which the refund
is proposed to be made;
(V) if applicable, a reference (by proceeding number, decision number, and
date) to any Commission decision requiring the refund or, the order itself if
the refund is to be made because of receipt of monies by the applying
utility under the order of a court or of another state or federal agency;
(VI) a statement describing in detail the extent to which the applying utility has
any financial interest in any other company involved in the refund plan;
(VII) a statement showing accounting entries under the Uniform System of
Accounts; and
(VIII) a statement that, if the application is granted, the applying utility will file an
affidavit verifying that the refund has been made in accordance with the
Commission’s decision.

(c) A utility shall pay 90 percent of all undistributed balances, plus associated
interest, to the energy assistance organization. For purposes of this rule, a refund
is deemed undistributed if, after good faith efforts, a utility is unable to find the
person entitled to a refund within the period of time fixed by the Commission in its
decision approving the refund plan.
(d) A utility shall pay an undistributed refund to the energy assistance organization
within four months after the refund is deemed undistributed. A utility shall pay
interest on an undistributed refund from the time it receives the refund until the
refund is paid to the energy assistance organization. The interest rate shall be
equal to the interest rate set by the Commission pursuant to paragraph 4403(m).
(e) Whenever a utility makes a refund, it shall provide written notice to those
customers that it believes may be master meter operators. The notice shall
contain:
(I) the definition of master meter operator, as set forth in these rules;
(II) a statement regarding a mater meter operator's obligation to do the
following:
(A) to notify its end users of their right to claim, within 90 days, their
proportionate share of the refund; and
(B) after 90 days, if the unclaimed balance exceeds $100, to remit the
unclaimed balance to the energy assistance organization.
(f) A utility shall resolve all inquiries regarding a customer’s undistributed refund and
shall not refer such inquiries to the energy assistance organization.
(g) If a utility has paid an undistributed refund to the energy assistance organization,
a customer later makes an inquiry claiming that refund, and the utility resolves
the inquiry by paying that refund to the customer, the utility may deduct the
amount paid to the customer from future funds submitted to the energy
assistance organization.
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