C09-0817Decision No. C09-0817
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-424EDOCKET NO. 08R-424E
In the matter of proposed amendments to the rules of the colorado public utilities commission relating to the renewable energy standard.
SUPPLEMENTAL NOTICE OF PROPOSED RULEMAKING
Mailed Date:	July 30, 2009
Adopted Date:	July 29, 2009
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) issued a Notice of Proposed Rulemaking (NOPR) regarding the Renewable Energy Standard (RES) by Decision No. C08-1001.  The notice given by that Decision was published in the October 2008 Colorado Register. 
2.	The Commission stated in the NOPR that the basis and purpose of the proposed rulemaking would be to re-evaluate the rules concerning the applicability of the Commission’s small generator interconnection procedures to cooperative electric utilities as required by House Bill (HB) 08-1160, and to modify and clarify the complete body of RES rules to address issues made evident by the Commission’s experience with the RES to date.  
3.	The Commission noted in Decision No. C08-1001 that only some of the proposed rule text was included with the NOPR, but that additional proposed rule text would be published in advance of hearings.  On October 31, 2008, Administrative Law Judge (ALJ) Ken F. Kirkpatrick made available a complete draft of proposed rules in Decision No. R08-1148-I.  
4.	The Commission’s RES rules are set forth at 4 Code of Colorado Regulations (CCR) 723-3-3650 through 3665.  The statutory authority for the proposed rules is found in 
§ 40-2-124, C.R.S.
5.	ALJ Kirkpatrick held two sets of hearings:  the first on December 8 and 9, 2008; and the second on January 29 and 30, 2009.  Numerous interested persons filed written comments prior to and between these two sets of hearings.  At the hearing on January 30, 2009, ALJ Kirkpatrick extended the comment period through February 13, 2009. 
6.	On April 20, 2009, ALJ Kirkpatrick issued Recommended Decision Adopting Rules, Decision No. R09-0413.  ALJ Kirkpatrick explains in that Recommended Decision that many of the comments offered in the record of this proceeding have been accepted and incorporated into the adopted rules.  ALJ Kirkpatrick further explains that the tenor of his decision “is one of fine-tuning the existing program” based on the conclusion that, even while 

the industry is still evolving, the electric utilities subject to the Commission’s RES rules are doing a successful job of implementing the RES.
7.	Public Service filed exceptions to Decision No. R09-0413 on May 11, 2009.  Among other suggestions in its pleading, Public Service recommends that the Commission incorporate into the rules certain changes required by Senate Bill (SB) 09-051, which was signed by Governor Ritter on April 22, 2009 and which takes effect on September 1, 2009.  Public Service provided a copy of SB 09-051 with its exceptions and proposed additional rule changes that it believes are necessary to incorporate the amendments to law effectuated by that statute.
II.	DISCUSSION
8.	The Commission notes that the NOPR that instituted this proceeding is broad, opening the entire set of RES rules to review.
9.	Further, the Commission wishes to address SB 09-051 through permanent rules in this rulemaking docket.  However, we are mindful that rulemaking proceedings are subject to specific legal requirements for noticing and hearing.
10.	We are therefore issuing this supplemental NOPR in order to provide the statutorily required opportunity to interested persons to comment on the changes to the Commission’s RES rules necessitated by SB 09-051.  Then, subsequent to September 1, 2009, we will be able to enter a decision adopting rules that incorporates all facets of this rulemaking proceeding, including the SB 09-051 issues.
11.	The nature and purpose of this supplemental NOPR is to implement changes to the RES Rules necessitated by SB 09-051.
12.	Attached to this Decision as Appendix A are draft proposed rules that incorporate the provisions of SB 09-051.  These draft rules are based on the modifications proposed by ALJ Kirkpatrick in Decision No. R09-0413 as well as on the exceptions to that decision.  As the Commission has yet to issue a decision on the merits of any exceptions to Decision No. R09-0413, the draft proposed rules attached here should not be interpreted as presaging a future Commission decision.  They are instead intended to solicit comments from interested persons on the best means to incorporate the provisions of SB 09-051 within the new rules that will emerge from this rulemaking proceeding.
13.	Interested persons may submit written comments on SB 09-051 and the proposed rules attached to this Decision, and present these orally at hearing unless the Commission deems oral presentations unnecessary.  The Commission requests that such comments be filed no later than August 10, 2009.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions, whether oral or written.
III.	ORDER
A.	The Commission Orders That:
1.	This Supplemental Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the August 2009 edition of The Colorado Register.
2.	A Hearing on the proposed rules attached to this Decision and matters related to SB 09-051 shall be held before the Commission as follows:
	DATE:	September 1, 2009
	TIME:	9:00 am
	PLACE:	Commission Hearing Room
	Suite 250
	1560 Broadway
	Denver, Colorado
3.	The Commission 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 Commission 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 August 10, 2009.  
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
July 29, 2009.

THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________
	Commissioners
	
	COMMISSIONER MATT BAKER
ABSENT.
	
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