§ 40-9.5-106 — Prohibited acts

Colorado § 40-9.5-106

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Cooperative Electric Associations

Text

(1) No cooperative electric association shall
make a change in any rate charged for electric service or in any rule or regulation in
connection therewith unless such association shall provide public notice of such
proposed change at least thirty days prior to the day the proposed change is to take
effect.

(2) No cooperative electric association, as to rates, charges, service, or
facilities or as to any other matter, shall make or grant any preference or advantage
to any corporation or person or subject any corporation or person to any prejudice
or disadvantage. No cooperative electric association shall establish or maintain any
unreasonable difference as to rates, charges, service, or facilities or as to any other
matter, either between localities or between any class of service. Notwithstanding
section 40-6-108 (1)(b), any complaint arising out of this subsection (2) signed by
one or more customers of such association shall be resolved by the public utilities
commission in accordance with the hearing and enforcement procedures
established in articles 6 and 7 of this title. A cooperative electric association may
approve any reasonable rate, charge, service, classification, or facility that
establishes a graduated rate for increased energy consumption, for energy
conservation and energy efficiency purposes, by residential customers that is
revenue-neutral for the class, where revenue includes margins, expenses, riders, or
charges as approved by the cooperative electric association. The implementation of
such rate, charge, service, classification, or facility by a cooperative electric
association shall not be deemed to subject any person or corporation to any
prejudice, disadvantage, or undue discrimination. In adopting such rate, a
cooperative electric association shall give due consideration to the impact of such
rates on low-income customers. A cooperative electric association may utilize a
community energy fund as contemplated by sections 40-2-127 and 40-2-127.5 for
energy efficiency, energy conservation, weatherization, and renewable energy
purposes. A cooperative electric association shall not apply such rate to consumers
that have single meters that record energy consumption for combined residential
and agricultural uses.

(3) No rates, charges, rules, or regulations of a cooperative electric
association shall be unjust or unreasonable. Any complaint under this subsection (3)
shall be resolved by the public utilities commission in accordance with the hearing
and enforcement procedures established in articles 6 and 7 of this title if the
complaint alleging a violation is signed by the mayor, the president or chairman of
the board of trustees, or a majority of the council, commission, or other legislative
body of an affected county, city and county, city, or town, an affected public utility,
or any one or more affected entities constituting a separate rate class of the
association or is signed by not less than twenty-five customers or prospective
customers of such association.

Legislative History

Source: L. 83: Entire article added, p. 1569, � 1, effective July 1. L. 2009: (2) amended, (SB 09-039), ch. 175, p. 777, � 2, effective August 5. L. 2022: (2) amended, (SB 22-118), ch. 335, p. 2380, � 16, effective August 10.