4 Colo. Code Regs. § 723-4-4410

Current through Register Vol. 47, No. 22, November 25, 2024

Section 4 CCR 723-4-4410 - Refunds

(a) A utility shall file an application for Commission approval of a refund plan if it seeks to refund monies of an amount that exceeds one half of one percent of the utility's prior year's total gross revenues as reported to the Commission in its most recent annual report. The utility may refund amounts to the appropriate customers or classes of customers of less than one half of one percent of the utility's prior year's gross revenues without Commission approval; however, such refunds are required to be noted in the utility's annual report when filed with the Commission pursuant to paragraph 4006(a).

(b) The application for approval of a refund plan shall include, in the following order and specifically identified, the following information either in the application or in the appropriately identified attachments:

(I) all the information required in paragraphs 4002(b) and 4002(c);

(II) the reason for the proposed refund;

(III) a detailed description of the proposed refund plan, including the type of utility service involved, the service area involved, the class(es) of customers to which the refund will be made, and the dollar amount (both the total amount and the amount to be paid to each customer class) of the proposed refund. The interest rate on the refund shall be the current interest rate in the applying utility's customer deposits tariff;

(IV) the date the applying utility proposes to start making the refund, which shall be no more than 60 days after the filing of the application; the date by which the refund will be completed; and the means by which the refund is proposed to be made;

(V) if applicable, a reference (by proceeding number, decision number, and date) to any Commission decision requiring the refund or, the order itself if the refund is to be made because of receipt of monies by the applying utility under the order of a court or of another state or federal agency;

(VI) a statement describing in detail the extent to which the applying utility has any financial interest in any other company involved in the refund plan;

(VII) a statement showing accounting entries under the Uniform System of Accounts; and

(VIII) a statement that, if the application is granted, the applying utility will file an affidavit verifying that the refund has been made in accordance with the Commission's decision.

(c) A utility shall pay 90 percent of all undistributed balances, plus associated interest, to the energy assistance organization. For purposes of this rule, a refund is deemed undistributed if, after good faith efforts, a utility is unable to find the person entitled to a refund within the period of time fixed by the Commission in its decision approving the refund plan.

(d) A utility shall pay an undistributed refund to the energy assistance organization within four months after the refund is deemed undistributed. A utility shall pay interest on an undistributed refund from the time it receives the refund until the refund is paid to the energy assistance organization. The interest rate shall be equal to the interest rate set by the Commission pursuant to paragraph 4403(m).

(e) Whenever a utility makes a refund, it shall provide written notice to those customers that it believes may be master meter operators. The notice shall contain:

(I) the definition of master meter operator, as set forth in these rules;

(II) a statement regarding a mater meter operator's obligation to do the following:

(A) to notify its end users of their right to claim, within 90 days, their proportionate share of the refund; and

(B) after 90 days, if the unclaimed balance exceeds $100, to remit the unclaimed balance to the energy assistance organization.

(f) A utility shall resolve all inquiries regarding a customer's undistributed refund and shall not refer such inquiries to the energy assistance organization.

(g) If a utility has paid an undistributed refund to the energy assistance organization, a customer later makes an inquiry claiming that refund, and the utility resolves the inquiry by paying that refund to the customer, the utility may deduct the amount paid to the customer from future funds submitted to the energy assistance organization.

4 CCR 723-4-4410

38 CR 17, September 10, 2015, effective 9/30/2015

40 CR 01, January 10, 2017, effective 1/30/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 07, April 10, 2019, effective 4/30/2019

43 CR 08, April 25, 2020, effective 5/15/2020

44 CR 04, February 25, 2021, effective 3/17/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 18, September 25, 2022, effective 10/15/2022

46 CR 06, March 25, 2023, effective 1/25/2023

46 CR 08, April 25, 2023, effective 5/15/2023