§ 40-3.2-205 — Review - approval

Colorado § 40-3.2-205

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Air Quality Improvement Costs

Text

(1) In evaluating the plan, the commission
shall consider the following factors:

(a) Whether the department reports that the plan is likely to achieve at least
a seventy to eighty percent reduction, or greater, in annual emissions of oxides of
nitrogen as necessary to comply with current and reasonably foreseeable
requirements of the federal act and the state act. The reduction in emissions under
this paragraph (a) shall be measured from 2008 levels at coal-fired power plants
identified in the plan. In determining the reduction in emissions under this
paragraph (a), the department shall include:

(I) Emissions from coal-fired power plants identified in the plan and
continuing to operate after retrofit with emission control equipment; and

(II) Emissions from any facilities constructed to replace any retired coal-fired
power plants identified in the plan.

(b) Whether the department has made the determination under section 40-3.2-204 (2)(b)(III);

(c) The degree to which the plan will result in reductions in other air
pollutant emissions;

(d) The degree to which the plan will increase utilization of existing natural
gas-fired generating capacity;

(e) The degree to which the plan enhances the ability of the utility to meet
state or federal clean energy requirements, relies on energy efficiency, or relies on
other low-emitting resources;

(f) Whether the plan promotes Colorado economic development;

(g) Whether the plan preserves reliable electric service for Colorado
consumers;

(h) Whether the plan is likely to help protect Colorado customers from future
cost increases, including costs associated with reasonably foreseeable emission
reduction requirements; and

(i) Whether the cost of the plan results in reasonable rate impacts. In
evaluating the rate impacts of the plan, the commission shall examine the impact of
the rates on low-income customers.

(2) The commission shall review the plan and enter an order approving,
denying, or modifying the plan by December 15, 2010. Any modifications required by
the commission shall result in a plan that the department determines is likely to
meet current and reasonably foreseeable federal and state act requirements.

(3) All actions taken by the utility in furtherance of, and in compliance with,
an approved plan are presumed to be prudent actions, the costs of which are
recoverable in rates as provided in section 40-3.2-207.

(4) If the utility disagrees with the commission's modifications to its
proposed plan with respect to resource selection, the utility may withdraw its
application.

Legislative History

Source: L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 469, � 1, effective April 19.