§ 40-3.5-104 — Changes in rates - notice and public hearing

Colorado § 40-3.5-104

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Regulation of Rates and Charges

Text

(1) (a) No change
shall be made by any municipal utility in any rate or charge or in any rule,
regulation, or contract relating to or affecting any base rate, charge, or service, or
in any privilege or facility, except after thirty days' notice to the public. Such notice
shall be given by keeping open for public inspection new schedules stating plainly
the changes to be made in the schedules then in force and the time when the
changes will go into effect. In addition, such notice shall be given by publishing the
proposed new schedule, or if that is impractical due to the size or bulk of the
proposed new schedule, by publishing a notice of the availability of the proposed
new schedule for public inspection, at least once in at least one newspaper of
general circulation in the authorized service area at least thirty days and no more
than sixty days prior to the date set for public hearing on and adoption of the new
schedule.

(b) In addition to the notice provided for in paragraph (a) of this subsection
(1), if a municipal utility serves customers who live outside the municipal corporate
boundaries, notice of any change in any rate or charge or in any rule, regulation, or
contract relating to or affecting any base rate, charge, or service or any change in
any privilege or facility shall be given by mailing to such customer notification of
any such change.

(2) The notice required by subsection (1) of this section shall also specify the
date, time, and place at which the public hearing shall be held by the governing
body of the municipal utility to consider the proposed new schedule. The notice
shall specify that each municipal utility customer shall have the right to appear,
personally or through counsel, at such hearing for the purpose of providing
testimony regarding the proposed new schedule. Said public hearing shall be held
on the date and time and at the place set forth in the notice; except that the
governing body of the municipal utility may adjourn and reconvene said hearing as
it deems necessary.

(3) The governing body of the municipal utility, for good cause shown, may
allow changes without requiring the thirty days' notice and public hearing by an
order specifying the changes to be made, the circumstances necessitating the
change without requiring the thirty days' notice and public hearing, the time when
the changes shall take effect, and the manner in which the changes shall be
published.

(4) Insofar as municipal utilities establish rates, charges, and tariffs and any
regulations pertaining thereto in accordance with the provisions of this article, any
conflict shall be resolved by the commission in accordance with the procedures
contained in article 6 of this title upon the filing of a complaint by no less than five
percent of the affected electric or natural gas customers outside the corporate
limits of the municipality or by five such customers, whichever number is greater.
Any such complaint shall be filed with the commission within thirty days after the
final decision by the governing body of the municipality to change a rate, charge, or
tariff or any regulation pertaining thereto. If such complaint is heard by the
commission and is deemed not frivolous, all reasonable costs as determined by the
commission, including reasonable attorney fees, shall be paid by the utility. In any
hearing conducted pursuant to the provisions of this section, the burden of proof
shall be sustained by the municipal utility.

Legislative History

Source: L. 83: Entire article added, p. 1554, � 2, effective June 17.