Precondition to Application

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.#