Current through Register Vol. 47, No. 22, November 25, 2024
Section 4 CCR 723-4-4552 - Filing Form and Schedule(a) The utility shall file a gas infrastructure plan every two years unless otherwise required by the Commission through rule or order. (I) The largest gas distribution utility in Colorado, as determined by the volume of gas sold in Colorado, shall file a gas infrastructure plan by May 1, 2023.(II) All other utilities shall file a gas infrastructure plan by March 1, 2024.(b) The utility shall file a gas infrastructure plan pursuant to this paragraph 4552(b) in accordance with paragraph 4552(c), for which the following requirements shall apply: (I) The filing shall include the elements required by rule 4553, except the utility shall be allowed to present an analysis of alternatives pursuant to subparagraph 4553(c)(I)(P) for the following number of new business and capacity expansion projects unless that number exceeds the total number of planned new business and capacity expansion projects presented in the gas infrastructure plan. (A) For utilities with 500,000 customers or more, the utility shall provide an analysis of alternatives for at least five projects classified as either new business or capacity expansion projects.(B) For utilities with more than 50,000 full-service customers and less than 500,000 customers, the utility shall provide an analysis of alternatives for at least two projects classified as either new business or capacity expansion projects.(C) For utilities with less than 50,000 full-service customers, the utility shall provide an analysis of alternatives for at least one project classified as either new business or capacity expansion project.(II) Upon receipt of the filing, the Commission will open a proceeding, notice the filing, and establish an intervention period for the purpose of establishing parties and set a calendar for written comments from parties to the proceeding. Parties may conduct discovery on the filing and on any prefiled testimony submitted with the filing.(III) The Commission will establish procedures for the proceeding that shall include one or more public comment hearings.(IV) The Commission, on its own motion or at the request of others, may request additional supporting information from the utility or the parties to the proceeding.(V) The Commission will issue a written decision, within 150 days of filing if practicable, regarding the adequacy of the utility's filed gas infrastructure plan and the methods and processes the utility used in formulating the gas infrastructure plan and providing guidance to be used in the preparation of the biennial filings required pursuant to paragraph 4552(d).(c) For utilities with 500,000 full-service customers or more, a utility's first gas infrastructure plan shall be eligible to be filed pursuant to paragraph 4552(b) in a miscellaneous proceeding to be opened by the Commission for each utility. For utilities with less than 500,000 customers, a utility's first two gas infrastructure plans shall be eligible to be filed pursuant to paragraph 4552(b). All subsequent gas infrastructure plans shall be filed pursuant to paragraph 4552(d). A utility, at its own discretion, may voluntarily file a gas infrastructure plan it is eligible to file under paragraph 4552(b) instead as an application under paragraph 4552(d).(d) Pursuant to the schedule in paragraph 4552(a), and subject to the eligibility requirements in paragraph 4552(c), the utility shall file its gas infrastructure plan as an application administered pursuant to the Commission's Rules of Practice and Procedure, 4 CCR 723-1. (I) A utility's gas infrastructure plan shall meet the requirements of rules 4002 and 4553.(II) The utility shall identify in the application any planned projects within the gas infrastructure plan action period for which it seeks a certificate of public convenience and necessity pursuant to rule 4102, a declaratory order that the planned project is in the ordinary course of business, or other relief to be addressed by the Commission in its decision rendered pursuant to rule 4555. For planned projects exceeding the cost thresholds in rule 4102 for which the utility seeks relief pursuant to this subparagraph (d)(II), the utility may include the requirements of rule 4102 in an application submitted pursuant to the Gas Infrastructure Planning Rules.(III) The Commission may hold a hearing for the purpose of reviewing and rendering a decision regarding the contents of the utility's gas infrastructure plan.(IV) Prior to the filing of the application, the utility shall hold one or more public workshops to educate, and facilitate feedback from, stakeholders and potential intervenors on the projects selected, the utility's approach to alternatives analyses for the projects selected, and the results of the utility's alternatives analyses, pursuant to subparagraph 4553(c)(I)(P) with the goal of facilitating a robust and broadly supported set of alternatives analyses upon the filing of the application. Following each public workshop, the utility shall accept written comments for up to fourteen days from stakeholders and potential intervenors.