Public Utilities Commission of Colorado Grants Amicus Status to Air Pollution Control Division

The Public Utilities Commission of the State of Colorado has issued an interim commission decision addressing a motion for leave to reply and a motion to participate as an amicus curiae in the matter of the application of Public Service Company of Colorado for approval of its 2024-2028 Clean Heat Plan. The decision grants the motion of the Air Pollution Control Division to participate as an amicus, sets a deadline for responses to the motion for leave to reply, and establishes new deadlines for supplemental direct testimony and responses to the motion.

Key Takeaways:

• The Public Utilities Commission of Colorado has granted the motion of the Air Pollution Control Division to participate as an amicus curiae in the matter of the application of Public Service Company of Colorado for approval of its 2024-2028 Clean Heat Plan.
• The decision sets October 13, 2023, as the deadline for responses to the motion for leave to reply filed by City of Boulder, Colorado Renewable Energy Society, Colorado Solar and Storage Association, Natural Resources Defense Council, Physicians for Social Responsibility Colorado, Sierra Club, Solar Energy Industries Association, Southwest Energy Efficiency Project, Utility Consumer Advocate, and Western Resource Advocates.
• The Air Pollution Control Division demonstrated that its participation as an amicus would not broaden the issues in the proceeding and that it would only present legal arguments.
• The Commission found good cause to grant the APCD's Motion for participation as an amicus, as the Division has met the requirements of Rule 4 CCR 723-1-1200(c) of the Commission's Rules of Practice and Procedure.
• The Joint Movants filed a motion for leave to respond, arguing that statements in the Public Service Response and the Pueblo et al Response justified an opportunity to reply.

Statistics:

• 14 parties participated in the proceeding, including Public Service Company of Colorado, the Consumer Advocate, and various stakeholders.
• The Air Pollution Control Division's proposed Clean Heat Plan aims to reduce carbon emissions from the combustion of gas in customer end uses.
• The proposed plan includes certified natural gas and offsets and proposes to alter the Clean Heat Emissions Calculation Workbook.

Sources:

• Decision No. C23-0685-I, Public Utilities Commission of the State of Colorado, October 12, 2023.
• Decision No. C23-0626, Public Utilities Commission of the State of Colorado, August 1, 2023.
• Senate Bill 21-264, Colorado General Assembly.
• Colorado Revised Statutes, Title 40, Chapter 3.2-108.