Public Utilities Commission Denies Joint Motion to Waive Decision Deadline for Public Service Company of Colorado

Strategic Insights -

The Colorado Public Utilities Commission has issued a decision on March 20, 2025, denying the Joint Motion to Waive Rule 3753 filed by Trial Staff of the Commission, the Colorado Office of the Utility Consumer Advocate, the Colorado Energy Office, Climax Molybdenum Co., Advanced Energy United, Colorado Energy Consumers Group, and Western Resource Advocates. The Commission agreed with Public Service and Tri-State Generation & Transmission Association, Inc. that the Joint Movants failed to demonstrate good cause for the requested waiver of the 150-day decision deadline. The Commission set the Application for hearing before the Commission en banc and directed Public Service to confer with the parties to develop a proposed procedural schedule that includes an evidentiary hearing.

Key Takeaways:

  • The Public Utilities Commission of Colorado denied the Joint Motion to Waive Rule 3753 filed by Trial Staff of the Commission, the Colorado Office of the Utility Consumer Advocate, the Colorado Energy Office, Climax Molybdenum Co., Advanced Energy United, Colorado Energy Consumers Group, and Western Resource Advocates.
  • The Commission agreed with Public Service and Tri-State Generation & Transmission Association, Inc. that the Joint Movants failed to demonstrate good cause for the requested waiver of the 150-day decision deadline.
  • The Commission set the Application for hearing before the Commission en banc.
  • Public Service is required to confer with the parties to develop a proposed procedural schedule that includes an evidentiary hearing.
  • The proposed procedural schedule should include proposed discovery procedures and should be filed by Public Service no later than April 1, 2025.

Statistics:

  • The Joint Motion to Waive Rule 3753 was filed on March 11, 2025, by Trial Staff of the Commission, the Colorado Office of the Utility Consumer Advocate, the Colorado Energy Office, Climax Molybdenum Co., Advanced Energy United, Colorado Energy Consumers Group, and Western Resource Advocates.
  • Public Service Company of Colorado has until August 12, 2025, to sign the Markets+ Phase 2 Funding Agreement to stay in the 2027 Markets+ "go-live window."
  • The Commission's schedule favors a hearing on May 27, May 28 (half-day), and/or May 29, 2025.
  • The proposed procedural schedule should include proposed discovery procedures.

Sources:

  • Decision No. C25-0213-I
  • Code of Colorado Regulations ("CCR") 723-3-3750, et seq.
  • SS 40-6-109.5, C.R.S.