C08-0626Decision No. C08-0626
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-251CPDOCKET NO. 08R-251CP
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING HOUSE BILL 08-1227 AND AMENDING THE REQUIREMENTS PERTAINING TO CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE TAXICAB SERVICE.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:	June 20, 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 House Bill 08-1227 (HB 08-1227) and amending the requirements pertaining to the entry standards for obtaining a certificate of public convenience and necessity (CPCN) to provide taxicab service.  For the reasons set forth in this decision, we 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.
2.	Section 24 of House Bill 08-1227 substantially amended the provisions of § 40-10-105(2), C.R.S., with respect to the entry standards for obtaining a CPCN to provide taxicab service.  In particular, the bill amends Article 10 of Title 40 of the Colorado Revised Statutes so that, depending on the counties included in the granting of a CPCN to provide taxicab service, one or a combination of three different entry standards apply.
3.	First, the granting of a CPCN to provide a taxicab service within and between counties with a population of less than seventy thousand, based on the 2000 federal census, shall be governed by the doctrine of regulated monopoly.  
4.	Second, except as provided in the third entry standard below, the granting of a CPCN to provide a taxicab service within and between counties with a population of seventy thousand or more, based on the 2000 federal census, shall be governed by the doctrine of regulated competition. 
5.	Third, in an application to provide a taxicab service within and between the counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, and Jefferson the applicant bears the initial burden of proving that it is operationally and financially fit to provide the proposed service.  Further, HB 08-1227 provides that the applicant shall not be required to prove inadequacy of existing taxicab services, if any, within the applicant’s proposed geographic area of operation.  Finally, the bill provides that if the applicant sustains its initial burden of proof, there is a rebuttable presumption of public need for the service and the party or parties opposing the application shall bear the burden to prove that the public convenience and necessity does not require granting the application and that the issuance of the CPCN would be detrimental to the public interest.
6.	Additionally, the rules delete a reference in Rule 6203(b)(I)(B) to nonexistent rule (a)(IV)(A).  This was overlooked in earlier rulemakings.
7.	HB 08-1227 becomes effective on July 1, 2008.  Therefore, the purpose of the emergency rules adopted by this order is to ensure that there is no lapse of governing regulations concerning the granting of CPCN for taxicab service.  More specifically, the purpose of the emergency rules is to provide for the application requirements for a CPCN to provide a taxicab service.
8.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
9.	We find that immediate adoption of the emergency rules is imperative and necessary to implement the requirements of HB 08-1227.  Without adopting the emergency rules, there will be a lapse in the governing regulations concerning application for a CPCN to provide a taxicab service.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
10.	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.
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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