§ 40-3-111 — Rates determined after hearing

(1) Whenever the commission,
after a hearing upon its own motion or upon complaint, finds that the rates, tolls,
fares, rentals, charges, or classifications demanded, observed, charged, or
collected by any public utility for any service, product, or commodity, or in
connection therewith, including the rates or fares for excursion or commutation
tickets, or that the rules, regulations, practices, or contracts affecting such rates,
fares, tolls, rentals, charges, or classifications are unjust, unreasonable,
discriminatory, or preferential, or in any way violate any provision of law, or that
such rates, fares, tolls, rentals, charges, or classifications are insufficient, the
commission shall determine the just, reasonable, or sufficient rates, fares, tolls,
rentals, charges, rules, regulations, practices, or contracts to be thereafter
observed and in force and shall fix the same by order. In making such
determination, the commission may consider current, future, or past test periods or
any reasonable combination thereof and any other factors which may affect the
sufficiency or insufficiency of such rates, fares, tolls, rentals, charges, or
classifications during the period the same may be in effect, and may consider any
factors which influence an adequate supply of energy, encourage energy
conservation, or encourage renewable energy development.

(1.5) (a) If the commission considers environmental effects when comparing
the costs and benefits of potential utility resources, it shall also make findings and
give due consideration to the effect that acquiring such resources will have on the
state's economy and employment, including, but not limited to, the effect on the
mining, electric, natural gas, energy efficiency, and renewable resource industries.

(b) If the commission considers factors which encourage renewable energy
development, it shall also make findings and give due consideration to the effect of
such factors on the utility's ability to recover its capital and operating costs.

(2) (a) The commission has the power, after a hearing upon its own motion or
upon complaint, to investigate a single rate, fare, toll, rental, charge, classification,
rule, contract, or practice, or the entire schedule of rates, fares, tolls, rentals,
charges, classifications, rules, contracts, and practices of any public utility; and to
establish new rates, fares, tolls, rentals, charges, classifications, rules, contracts,
practices, or schedules, in lieu thereof.

(b) As part of any inquiry or investigation into rate structures of regulated
electric utilities undertaken on or before July 1, 2009, the commission shall consider
whether to adopt retail rate structures that enable the use of solar or other
renewable energy resources in agricultural applications, including, but not limited
to, irrigation pumping.

Legislative History

Source: L. 13: p. 475, � 23. C.L. � 2934. CSA: C. 137, � 24. CRS 53: � 115-3-11. C.R.S. 1963: � 115-3-11. L. 81: (1) amended, p. 1914, � 1, effective July 1. L. 93: (1.5) added, p. 202, � 1, effective March 31. L. 94: (1) and (1.5) amended, p. 611, � 3, effective April 8. L. 2008: (2) amended, p. 1793, � 9, effective July 1.