Extension of Stay in Public Service Company of Colorado vs. Town of Eaton Proceeding

Strategic Insights -

The Public Utilities Commission of Colorado has issued a decision extending the stay in the proceeding against Public Service Company of Colorado regarding an appeal of a local governmental land use decision issued by the Town of Eaton. The new deadline for filing a Status Report and proposed procedural schedule, or a motion to stay or dismiss the proceeding, is December 28, 2022. The stay will remain in effect until a further order.

Key Takeaways:

  • The Colorado Public Utilities Commission has issued a decision extending the stay in the proceeding against Public Service Company of Colorado.
  • The stay was initially ordered on October 17, 2022, pending a further order.
  • Public Service Company of Colorado and the Town of Eaton must file either a Status Report and proposed procedural schedule, a motion to stay or dismiss the proceeding, or a notice withdrawing the application by December 28, 2022.
  • The Joint Movants, consisting of Public Service Company of Colorado and the Town of Eaton, have requested additional time to complete the various conditions and milestones set forth in their Settlement Agreement.
  • The Joint Movants have notified all parties to the proceeding, including the Trial Staff of the Commission and the Colorado Office of the Utility Consumer Advocate, that they do not oppose the requested relief.
  • The response time to the Joint Motion has been waived, and the motion has been granted.

Statistics:

  • December 6, 2022: Mailed date of the interim decision of Administrative Law Judge ALENKA HAN extending the stay.
  • October 17, 2022: Date on which Public Service Company of Colorado and the Town of Eaton filed their Unopposed Joint Motion to Extend Stay of Proceeding and Request for Waiver of Response Time.
  • October 17, 2022: Date by which the Joint Movants were initially required to file a Status Report and proposed procedural schedule, or a motion to further stay or dismiss this Proceeding.
  • December 28, 2022: New deadline for filing a Status Report and proposed procedural schedule, or a motion to stay or dismiss the proceeding.

Sources:

  • "Decision No. R22-0787-I, BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO PROCEEDING NO. 22A-0322E IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF COLORADO CONCERNING AN APPEAL OF A LOCAL GOVERNMENTAL LAND USE DECISION ISSUED BY THE TOWN OF EATON." (Dec 06, 2022)
  • "Decision No. R22-0508-I, BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO PROCEEDING NO. 22A-0322E IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF COLORADO CONCERNING AN APPEAL OF A LOCAL GOVERNMENTAL LAND USE DECISION ISSUED BY THE TOWN OF EATON." (Oct 17, 2022)