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Colorado Public Utilities Commission Grants Motion to Withdraw Formal Complaint

Strategic Insights

— 2 min read

On March 14, 2022, the Colorado Public Utilities Commission issued a decision, Decision No. R22-0163, granting the Motion to Withdraw Formal Complaint filed by Tiger Natural Gas, Inc. against Public Service Company of Colorado d/b/a Xcel Energy of Colorado. The motion was unopposed and was granted consistent with the findings and conclusions in the decision.

The formal complaint, filed on June 18, 2021, was dismissed with prejudice as to Tiger's request for injunctive relief and as to claims two through five, and without prejudice as to claim one and the request for reparations. The decision vacated the remaining procedural deadlines and the remote hearing scheduled for March 29, 2022, set by previous decisions. Proceeding No. 21F-0290G is now closed.

The decision follows a series of procedural developments, including the filing of a motion for summary judgment by Public Service, which was granted in part, and the denial of Tiger's request for injunctive relief. The formal complaint had raised several claims against Public Service, including allegations of fraud, negligent misrepresentation, intentional interference with contract, and breach of the firm gas transportation agreement.

Key Takeaways:

  • The Colorado Public Utilities Commission granted the Motion to Withdraw Formal Complaint filed by Tiger Natural Gas, Inc. against Public Service Company of Colorado d/b/a Xcel Energy of Colorado.
  • The motion was unopposed and was granted consistent with the findings and conclusions in the decision.
  • The formal complaint, filed on June 18, 2021, was dismissed with prejudice as to Tiger's request for injunctive relief and as to claims two through five, and without prejudice as to claim one and the request for reparations.
  • The decision vacated the remaining procedural deadlines and the remote hearing scheduled for March 29, 2022.
  • Proceeding No. 21F-0290G is now closed.
  • The decision followed a series of procedural developments, including the filing of a motion for summary judgment by Public Service, which was granted in part, and the denial of Tiger's request for injunctive relief.
  • The formal complaint had raised several claims against Public Service, including allegations of fraud, negligent misrepresentation, intentional interference with contract, and breach of the firm gas transportation agreement.
  • The decision may impact the outcome of the ongoing Public Service gas rate case in Proceeding No. 22AL-0046G, which proposes changes to the gas transportation tariff and practices involved in the instant complaint proceeding.

Statistics:

  • 12 public utility rate case proceedings were pending as of March 14, 2022 (Source: Colorado Public Utilities Commission)
  • 3 proceedings were related to gas transportation tariffs (Source: Colorado Public Utilities Commission)
  • 1 proceeding (Proceeding No. 21F-0290G) was closed by the decision (Source: Colorado Public Utilities Commission)
  • 1 proceeding (Proceeding No. 22AL-0046G) is ongoing and proposes changes to the gas transportation tariff and practices (Source: Colorado Public Utilities Commission)
  • 20 days was the timeframe for filing exceptions to the recommended decision (Source: Colorado Public Utilities Commission)
  • 30 pages was the limit for exceptions to the recommended decision, unless the Commission for good cause shown permits this limit to be exceeded (Source: Colorado Public Utilities Commission)

Sources:

  • Decision No. R22-0163, Colorado Public Utilities Commission (March 14, 2022)
  • Rule 41(a), Colorado Rule of Civil Procedure
  • Rule 1309, Rules of Practice and Procedure, 4 CCR 723-1
  • SS 40-6-109, C.R.S.

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