# Denial of Appeal

- **operation:** document
- **citation:** 4 CCR 723-4 Rule 4706
- **title:** Denial of Appeal
- **source type:** regulation
- **agency:** Colorado Public Utilities Commission
- **status:** current
- **official:** true
- **published on:** Not available
- **effective on:** Not available
- **summary:** In accordance with § 29-20-108(5)(e), C.R.S., the Commission shall deny an appeal of a local government action if the utility or power authority has failed to comply with the following notification and consultation requirements: (a) A utility or power authority shall notify the affected local govern
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4706.json
- **markdown:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4706.md
- **app url:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4706
- **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:**

In accordance with § 29-20-108(5)(e), C.R.S., the Commission shall deny an appeal of
a local government action if the utility or power authority has failed to comply with the
following notification and consultation requirements:
(a) A utility or power authority shall notify the affected local government of its plans
to site a major natural gas facility within the jurisdiction of the local government
prior to submitting the preliminary or final permit application, but in no event later
than filing a request for a certificate of public convenience and necessity
pursuant to Article 5 of Title 40, C.R.S., or the filing of any annual filing with the
Commission that proposes or recognizes the need for construction of a new
major natural gas facility or the extension of an existing facility. If a utility or
power authority is not required to obtain a certificate of public convenience and
necessity pursuant to Article 5 of Title 40, C.R.S., or to file annually with the
Commission to notify the Commission of proposed construction of a new major
natural gas facility or the extension of an existing facility, then the utility or power
authority shall notify any affected local governments of its intention to site a new
major natural gas facility within the jurisdiction of the local government when
such utility or power authority determines that it intends to proceed to permit and
to construct the facility. Following such notification, the utility or power authority
shall consult with the affected local governments in order to identify the specific
routes or geographic locations under consideration for the site of the major
natural gas facility and to attempt to resolve land use issues that may arise from
the contemplated permit application.
(b) In addition to its preferred alternative within its permit application, the utility or
power authority shall consider and present reasonable siting and design
alternatives to the local government or shall explain why no reasonable
alternatives are available.
- **truncated:** false
- **body characters:** 2020