Public Utilities Commission Grants Extraordinary Protection for Highly Confidential Cost Information

Strategic Insights -

The Colorado Public Utilities Commission has issued an interim decision granting Public Service Company of Colorado's motion for extraordinary protection for highly confidential cost information associated with the Barker Substation project. The decision, issued on June 4, 2025, limits access to the information to a "reasonable number of attorneys" and a "reasonable number of subject matter experts" representing parties to the proceeding, as well as specific individuals, such as Commission staff and attorneys general.

The Barker Substation project, expected to cost approximately $213.6 million, aims to increase capacity in the network distribution system serving downtown Denver. The project entails above-ground substation transmission facilities, distribution transformers, and a 2,000 ft. double-circuit 230 kV underground transmission line. Public Service intends to recover costs through its Transmission Cost Adjustment and Grid Modernization Adjustment Clause.

Key Takeaways:

  • The Public Utilities Commission has granted Public Service Company of Colorado's motion for extraordinary protection for highly confidential cost information related to the Barker Substation project.
  • The protected information includes categories such as labor and service costs, materials and equipment costs, vendor estimates, and risk register and reserve.
  • Access to the highly confidential information is limited to a "reasonable number of attorneys" and a "reasonable number of subject matter experts" representing parties to the proceeding.
  • Specific individuals, such as Commission staff and attorneys general, are also granted access.
  • Public Service Company will provide a non-disclosure agreement for attorneys and subject matter experts to execute before gaining access to the highly confidential information.
  • The Commission has directed parties to be held to the advisements in the decision, and access to the highly confidential information is effective immediately.

Statistics:

  • The Barker Substation project is expected to cost approximately $213.6 million, with about $100 million related to the transmission line and substation facilities.
  • The estimated cost increase from $18.1 million in 2017 to the proposed $213.6 million is a significant increase, sparking inquiry from the Colorado Office of the Utility Consumer Advocate.
  • The project entails 2,000 ft. of double-circuit 230 kV underground transmission line.

Sources:

  • Decision No. R25-0428-I, Before the Public Utilities Commission of the State of Colorado, June 4, 2025
  • Attachment A, Counsel Non-Disclosure Agreement (Attachment to Decision No. R25-0428-I)
  • Attachment B, Subject Matter Expert Non-Disclosure Agreement (Attachment to Decision No. R25-0428-I)
  • Public Service Company of Colorado, "Application for a Certificate of Public Convenience and Necessity for Facilities Associated with the Barker Substation"