Public Utilities Commission Denies Motion to Strike Cross-Answer Testimonies in Southwest Power Pool Market Case

Strategic Insights -

The Public Utilities Commission of Colorado has denied a motion to strike cross-answer testimonies in a proceeding related to the application of Public Service Company of Colorado to join the Southwest Power Pool's markets+ market through the Electric Commodity Adjustment. The Commission's decision, issued on May 30, 2025, states that the cross-answer testimonies have probative value in the case and the Commission is well-equipped to consider any claims of prejudice or objections to the testimonies when weighing the evidence presented.

Key Takeaways:

  • The Public Utilities Commission of Colorado denied a motion to strike cross-answer testimonies filed by Public Service Company of Colorado on May 19, 2025.
  • The motion to strike was filed in response to cross-answer testimonies submitted by the Colorado Energy Office and Advanced Energy United on May 16, 2025.
  • The Commission states that it is not strictly bound by the technical rules of evidence and is not bound by its prior decisions as "precedent" or by any doctrine similar to stare decisis.
  • The Commission found that the cross-answer testimonies have probative value in the case and that it is well-equipped to consider any claims of prejudice or objections to the testimonies when weighing the evidence presented.
  • Public Service Company of Colorado will not have its remaining response time waived, but the Commission has waived the remaining response time to the motion to strike.
  • The decision is effective upon its issued date, May 30, 2025.
  • Commissioners Eric Blank, Megan M. Gilman, and Tom Plant adopted the decision in the Commission's weekly meeting on May 21, 2025.

Statistics:

  • May 30, 2025: The Public Utilities Commission of Colorado issued a decision denying a motion to strike cross-answer testimonies.
  • May 19, 2025: Public Service Company of Colorado filed a motion to strike cross-answer testimonies.
  • May 16, 2025: The Colorado Energy Office and Advanced Energy United filed cross-answer testimonies.
  • 2005: Decision No. C05-0430 and 2007: Decision No. C07-0095 were issued, setting forth precedents related to cross-answer testimony.

Sources:

  • Decision No. C25-0413-I: Public Utilities Commission of the State of Colorado. BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO PROCEEDING NO. 25A-0075E IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF COLORADO FOR APPROVAL TO RECOVER COSTS ASSOCIATED WITH JOINING THE SOUTHWEST POWER POOL MARKETS+ MARKET THROUGH THE ELECTRIC COMMODITY ADJUSTMENT. INTERIM COMMISSION DECISION DENYING MOTION TO STRIKE CROSS-ANSWER TESTIMONIES. Issued Date: May 30, 2025 Adopted Date: May 21, 2025.