Colorado § 40-6.5-104 Representation by the director - powers of the office

Colorado Statutes

§ 40-6.5-104 — Representation by the director - powers of the office

Colorado § 40-6.5-104

Title 40Utilities

Art.Office of the Utility Consumer Advocate

This text of Colorado § 40-6.5-104 (Representation by the director - powers of the office) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 40-6.5-104 (2026).

Text

(1)The director shall represent the public interest and, to the extent consistent therewith, the specific interests of residential consumers, agricultural consumers, and small business consumers by appearing in proceedings before the commission and appeals therefrom in matters that involve proposed changes in a public utility's rates and charges; in matters involving rule-making that have an impact on the charges, the provision of services, or the rates to consumers; and in matters that involve certificates of public convenience and necessity for facilities employed in the provision of utility service, the construction of which would have a material effect on the utility's rates and charges.

(2)In determining whether to appear in a proceeding of the commission, the director sh

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(1) The
director shall represent the public interest and, to the extent consistent therewith,
the specific interests of residential consumers, agricultural consumers, and small
business consumers by appearing in proceedings before the commission and
appeals therefrom in matters that involve proposed changes in a public utility's
rates and charges; in matters involving rule-making that have an impact on the
charges, the provision of services, or the rates to consumers; and in matters that
involve certificates of public convenience and necessity for facilities employed in
the provision of utility service, the construction of which would have a material
effect on the utility's rates and charges.

(2) In determining whether to appear in a proceeding of the commission, the
director shall consider the importance and the extent of the public interest
involved. In evaluating the public interest, including the impact on rates and
charges to consumers, the director shall give due consideration to statutory
decarbonization goals set forth in sections 25-7-102 (2)(g) and 40-2-125.5 (3), just
transition in accordance with section 40-2-133, environmental justice, and the
short- and long-term effect of the proceedings upon various classes of consumers,
so as not to jeopardize the interest of one class in an action by another. If the
director determines that there may be inconsistent interests among the various
classes of the consumers that the director represents in a particular matter, the
director may choose to represent one of the interests or to represent no interest.
Nothing in this section limits the right of any person to petition or make complaint
to the commission or otherwise intervene in proceedings or other matters before
the commission.

(3) The director shall be served with notices of all proposed gas and electric
tariffs, and the director shall be served with copies of all orders of the commission
affecting the charges of agricultural consumers, residential consumers, and small
business consumers.

(4) The office may intervene in matters before the commission that relate to
a telecommunications service proceeding, including a rule-making proceeding, that
has an impact on the provision or quality of telecommunications service.

(5) The office shall not recommend that the commission take any action that
would interfere with the administration or determination of employees' wages,
health insurance, or retirement benefits negotiated between a regulated utility and
a labor union through collective bargaining.

Legislative History

Source: L. 84: Entire article added, p. 1045, � 1, effective July 1. L. 2015: (3) amended, (SB 15-271), ch. 297, p. 1225, � 4, effective June 5. L. 2021: Entire section amended, (SB 21-103), ch. 477, p. 3410, � 6, effective September 1.