C07-0737Decision No. C07-0737
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
07R-325ALLDOCKET NO. 07R-325ALL
In the matter of the proposed RUles of practice and procedure, 4 code of colorado regulations 723-1.
notice of proposed rulemaking
Mailed Date:    August 30, 2007
Adopted Date:  August 28, 2007
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding proposed Rules of Practice and Procedure.  A copy of the proposed rules is attached to this NOPR.
2.	The basis and purpose of the proposed rules is generally to administer and enforce the provisions of Title 40, C.R.S., and to regulate proceedings before the Commission.  In particular, the basis and purpose of the proposed rules is to regulate the manner in which highly confidential material is provided to and managed by the Commission, and to codify existing practice with regard to interventions.
3.	The statutory authority for the proposed rules is found in §§ 40-2-108, 40-6-101(1), 40-6-108(2), and 40-6-109(5), C.R.S.
4.	This NOPR proposes to modify Rule 4 Code of Colorado Regulations (CCR) 723-1-1100(a)(III).  The proposed rule generally (a) increases the required number of filing copies for the description and/or representative sample of the information for which extraordinary protection is sought; (b) specifies that the Commission may enter an order either requiring additional information or requiring a party to file an original and an appropriate number of copies of the complete version of the information for which extraordinary protection is sought; and (c) clarifies that, unless otherwise ordered by the Commission, its staff shall have access to all information for which extraordinary protection is sought by virtue of the execution of staff’s annual nondisclosure agreement.
5.	This NOPR proposes to modify Rule 4 CCR 723-1-1100(c)(III) by making a non-substantive clarification.
6.	This NOPR proposes to modify Rule 4 CCR 723-1-1401(a) by clarifying that the Commission may consider any application or petition without a hearing if no notice of intervention as of right or motion to permissively intervene requests a hearing or contests or opposes the application or petition.  See also Rule 4 CCR 723-1-1206(b)(VIII)(B).
7.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed rules and related issues at the below-stated time and place.  Interested persons may submit written comments on the proposed rules, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than September 21, 2007.  Reply comments should be submitted by October 1, 2007.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  The submission of electronic comments shall, if submitted, be by floppy disk, compact disk (CD), or email to puc@dora.state.co.us.  The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions, whether oral or written.
8.	In submitting comments or replies, interested persons are invited to suggest changes that will make the subject rules more efficient, rational, or meaningful.  We recognize that regulation imposes costs; therefore, suggestions concerning rules that may be unnecessary or unduly burdensome will be fully considered by the Commission.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the September 10, 2007, edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge (ALJ) as follows:
	DATE:	October 5, 2007
	TIME:	9:00 a.m.
	PLACE:	Commission Hearing Room
	Suite 250
	1560 Broadway
	Denver, Colorado
3.	The ALJ may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted in both paper and, when possible, electronic format no later than September 21, 2007.  The submission of electronic comments shall, if submitted, be by floppy disk, compact disk (CD), or email to puc@dora.state.co.us.  Reply comments should be submitted by October 1, 2007.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
August 28, 2007.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________

________________________________
Commissioners	
G:\Commission draft orders\C07-0737_07R-325ALLio082807Alp.doc:lp