Colorado § 40-4-102 Extensions and improvements prescribed - when

Colorado Statutes

§ 40-4-102 — Extensions and improvements prescribed - when

Colorado·Title 40 Utilities·Art. Service and Equipment

(1)Whenever the commission, after a hearing upon its own motion, upon appeal by a public utility or power authority from a local government action pursuant to section 29-20-108

(5), C.R.S., or upon complaint, finds that the additions, extensions, repairs, or improvements to or change in the existing plant, equipment, facilities, or other physical property of any public utility or of any two or more public utilities ought reasonably to be made, that a new structure should be erected to promote the security or convenience of its employees or the public or in any other way to secure adequate service or facilities, or that the conditions imposed by a local government action unreasonably impair the ability of a public utility or power authority to provide safe, reliable, and economic

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(1) Whenever
the commission, after a hearing upon its own motion, upon appeal by a public utility
or power authority from a local government action pursuant to section 29-20-108
(5), C.R.S., or upon complaint, finds that the additions, extensions, repairs, or
improvements to or change in the existing plant, equipment, facilities, or other
physical property of any public utility or of any two or more public utilities ought
reasonably to be made, that a new structure should be erected to promote the
security or convenience of its employees or the public or in any other way to secure
adequate service or facilities, or that the conditions imposed by a local government
action unreasonably impair the ability of a public utility or power authority to
provide safe, reliable, and economical service, the commission shall make and serve
an order directing that such additions, extensions, repairs, improvements, or
changes be made or such structure be erected in the manner and within the time
specified in such order. If the commission orders the erection of a new structure,
the selection of the site for such structure shall be subject to the approval of the
commission. If a public utility or power authority appeals an order from a local
government action under section 29-20-108, C.R.S., the commission may require
that the public utility or power authority reimburse the commission for the
reasonable expenses, attorney fees, and expert witness fees the commission incurs
in reviewing the appeal. Any fee collected pursuant to this section shall be remitted
to the state treasurer, who shall credit such fee to the public utilities commission
fixed utility fund created pursuant to section 40-2-114.

(2) If any additions, extensions, repairs, improvements, or changes or any
new structures which the commission has ordered to be erected require joint action
of two or more public utilities, the commission shall notify the public utilities that
such additions, repairs, improvements, or changes or new structures have been
ordered and that the same shall be made at their joint cost, whereupon the public
utilities shall have such reasonable time as the commission may grant within which
to agree upon the portion or division of cost of such additions, repairs, extensions,
improvements, or changes or new structures which each shall bear. If, at the
expiration of such time, such public utilities fail to file with the commission a
statement that an agreement has been made for a division or apportionment of the
cost or expense of such additions, extensions, repairs, improvements, or changes or
new structures, the commission has the authority, after further hearing, to make an
order fixing the proportion of such expense to be borne by each public utility and
the manner in which the same shall be paid or secured.

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Legislative History

Source: L. 13: p. 476, � 25. C.L. � 2936. CSA: C. 137, � 26. CRS 53: � 115-4-2. C.R.S. 1963: � 115-4-2. L. 69: p. 933, � 20. L. 2001: (1) amended, p. 597, � 4, effective May 30.