C08-0622Decision No. C08-0622
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-243ALLDOCKET NO. 08R-243ALL
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING STATUTORY AMENDMENTS TO EX PARTE DISCLOSURE REQUIREMENTS UNDER HOUSE BILL 08-1227.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:	June 19, 2008
Adopted Date:	June 19, 2008
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing statutory amendments to ex parte disclosure requirements under House Bill 08-1227.
2.	House Bill 08-1227 (the Bill) amended, inter alia, §§ 40-6-122 and 40-6.5-106, C.R.S.  These statutory sections generally pertain to ex parte communications with the Commission.  The Bill amends the statutory sections by limiting certain provisions to adjudicatory proceedings.  The bill becomes effective on July 1, 2008.
3.	Because the Commission’s current rules conflict with the amendments in the Bill, we now adopt on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the emergency rules appended to this Decision as Attachment A.
4.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
5.	We find that adoption of the emergency rules is imperative and necessary to implement the requirements of the Bill.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
6.	The rules attached to this order shall be effective on July 1, 2008, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
7.	While it is clear that the term “adjudicatory proceeding” as used in the Bill does not include rulemaking and pending legislative proposals, further definition may be necessary.  Therefore, the Commission will, by separate decision, issue a Notice of Proposed Rulemaking (NOPR) to invite comment pertaining to the adoption of permanent rules.  The NOPR will, among other things, invite comment regarding whether and to what extent the rules should define a non-adjudicatory proceeding, require disclosures, and/or require Commission decisions to order procedural safeguards.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.
2.	The attached rules shall be effective on July 1, 2008.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
June 19, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________
	Commissioners
	
	COMMISSIONER JAMES K. TARPEY
ABSENT.
	
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