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Colorado Administrative Code
Department 700 - Department of Regulatory AgenciesDivision 723 - Public Utilities CommissionRule 4 CCR 723-3 - RULES REGULATING ELECTRIC UTILITIES
APPEALS OF LOCAL GOVERNMENT LAND USE DECISIONS
Section 4 CCR 723-3-3706 - Denial of Appeal

4 Colo. Code Regs. § 723-3-3706

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Current through Register Vol. 47, No. 22, November 25, 2024
Section 4 CCR 723-3-3706 - Denial of Appeal

In accordance with § 29-20-108(5)(e), C.R.S., the Commission shall deny an appeal of a local government action if the utility or power authority has failed to comply with the following notification and consultation requirements:

(a) A utility or power authority shall notify the affected local government of its plans to site a major electrical facility within the jurisdiction of the local government prior to submitting the preliminary or final permit application, but in no event later than filing a request for a certificate of public convenience and necessity pursuant to Article 5 of Title 40, C.R.S., or the filing of any annual filing with the Commission that proposes or recognizes the need for construction of a new major electrical facility or the extension of an existing facility. If a utility or power authority is not required to obtain a certificate of public convenience and necessity pursuant to Article 5 of Title 40, C.R.S., or to file annually with the Commission to notify the Commission of the proposed construction of a new major electrical facility or the extension of an existing facility, the utility or power authority shall notify any affected local government of its intention to site a major electrical facility within the jurisdiction of the local government when such utility or power authority determines that it intends to proceed to permit and to construct the facility. Following such notification, the utility or power authority shall consult with the affected local governments in order to identify the specific routes or geographic locations under consideration for the site of the major electrical facility and to attempt to resolve land use issues that may arise from the contemplated permit application.
(b) In addition to its preferred alternative within its permit application, the utility or power authority shall consider and present reasonable siting and design alternatives to the local government or shall explain why no reasonable alternatives are available.

4 CCR 723-3-3706

38 CR 17, September 10, 2015, effective 9/30/2015
39 CR 06, March 25, 2016, effective 4/14/2016
39 CR 08, April 25, 2016, effective 5/15/2016
40 CR 22, November 25, 2017, effective 12/15/2017
42 CR 03, February 10, 2019, effective 3/2/2019
42 CR 07, April 10, 2019, effective 4/30/2019
42 CR 09, May 10, 2019, effective 5/30/2019
43 CR 08, April 25, 2020, effective 5/15/2020
43 CR 12, June 25, 2020, effective 7/15/2020
43 CR 20, October 25, 2020, effective 11/14/2020
44 CR 13, July 10, 2021, effective 7/30/2021
44 CR 24, December 25, 2021, effective 1/14/2022
45 CR 18, September 25, 2022, effective 10/15/2022
46 CR 02, January 25, 2023, effective 2/14/2023