(1) All charges made, demanded, or received by any public utility for any rate, fare, product, or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge made, demanded, or received for such rate, fare, product or commodity, or service is prohibited and declared unlawful. Rates and charges demanded or received by any public utility for gas transportation service furnished or to be furnished shall not be deemed to be unjust or unreasonable so long as said rate or charge is no greater than a maximum rate and no lower than a minimum rate determined by the commission (or, in the case of a municipal utility, by the governing body of the municipal utility in accordance with sections 40-3-102 and 40-3.5- 102) to be just and reasonable, and the provision of such gas transportation service at such rates or charges shall not constitute per se unjust discrimination or the granting of a preference. Nothing in this subsection (1) shall limit or restrict the commission's authority to regulate rates and charges, correct abuses, or prevent unjust discrimination.
(2) Every public utility shall furnish, provide, and maintain such service, instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, and convenience of its patrons, employees, and the public, and as shall in all respects be adequate, efficient, just, and reasonable.
(3) (a) If a retail cooperative electric association, in conjunction with the payment of an applicable charge, withdraws from membership in a wholesale electric cooperative, as defined in section 40-2-136 (3)(c), that withdrawal is deemed to be a matter of statewide concern, and, in relation to such withdrawal:
(I) The wholesale electric cooperative will act in accordance with the obligation of good faith and fair dealing in implementing the withdrawal and shall not require or impose commercially unreasonable contractual terms on the retail cooperative electric association in relation to the withdrawal; and
(II) The wholesale electric cooperative shall, upon request from the withdrawing retail cooperative electric association, facilitate the retail cooperative electric association's transition from native load to a firm service transmission customer without diminishing the withdrawing retail cooperative electric association's native electric load priority for accessing firm transmission capacity.
(b) The commission has the authority to adjudicate complaints about the terms on which a wholesale electric cooperative implements withdrawal pursuant to this subsection (3).
Source: L. 13: p. 468, § 13. C.L. § 2924. CSA: C. 137, § 14. CRS 53: § 115-3-1. C.R.S. 1963: § 115-3-1. L. 91: (1) amended, p. 1417, § 9, effective April 19. L. 2020: (3) added, (HB 20-1225), ch. 94, p. 373, § 4, effective March 27.
Cross references: (1) For hearings on rate schedules, see § 40-6-111; for reparation for excessive charges, see § 40-6-119.
(2) For the legislative declaration in HB 20-1225, see section 1 of chapter 94, Session Laws of Colorado 2020.
Notes of Decisions
Mountain States Legal Found. v. Pub. Utils. Comm'n, 590 P.2d 495 (Colo. 1979).
· cites it 6× “It possesses unique expertise and the capacity to analyze the complex technical, economic, and social information necessary to set public utility rates intelligently and fairly.”
Cottrell v. City & Cnty. of Denver, 636 P.2d 703 (Colo. 1981).
· cites it 3× “Sections 40-3-101, 102, C.R.S.1973. The evil which may result from the absence of PUC regulation of extra-territorial Denver water leases is, therefore, inadequate service at excessive rates.”
City of Montrose v. Pub. Utils. Com'n, Etc., 629 P.2d 619 (Colo. 1981).
· cites it 3× “In fulfilling that function, in the area of utility regulation the PUC has “broadly based authority to do whatever it deems necessary or convenient to accomplish the legislative functions delegated to it.” Mountain States Telephone & Telegraph Co.”
Archibold v. Pub. Utils. Comm'n, 58 P.3d 1031 (Colo. 2002).
· cites it 2× “2 (1999) (requiring local exchanges to hold at least four hours of battery reserve rated for peak traffic loads for each local central office, toll switching or tandem switching office).”
CF&I Steel, L.P. v. Pub. Utils. Comm'n, 949 P.2d 577 (Colo. 1997).
· cites it 3× “” The PUC has the duty to examine proposed rates, and to determine whether the tolls, fares, rentals, charges, or classifications for service are unjust, unreasonable, discriminatory, or preferential, or in any way violate any provision of law, and if so, to set just and…”
Key v. People, 715 P.2d 319 (Colo. 1986).
· cites it 2× “1, § 40-3-101, 1974 Colo.Sess.Laws 251, with Sneed, 183 Colo.”
Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 567 P.2d 377 (Colo. 1977).
· cites it 2× “From our review of the record of the PUC hearings and analysis of its findings, we conclude that the capital structure utilized in the rate calculations is reflective of the actual capitalization backing the utility operation, as isolated from the non-utility operations and…”
People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009).
· cites it 2× “1, § 40-3-101(1)(a)-(b), 1971 Colo. Sess. Laws 418 .”
— Colo. Rev. Stat. § 40-3-101(1) — 8 cases
CF&I Steel, L.P. v. Pub. Utils. Comm'n, 949 P.2d 577 (Colo. 1997).
“” The PUC has the duty to examine proposed rates, and to determine whether the tolls, fares, rentals, charges, or classifications for service are unjust, unreasonable, discriminatory, or preferential, or in any way violate any provision of law, and if so, to set just and…”
Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 567 P.2d 377 (Colo. 1977).
“From our review of the record of the PUC hearings and analysis of its findings, we conclude that the capital structure utilized in the rate calculations is reflective of the actual capitalization backing the utility operation, as isolated from the non-utility operations and…”
— Colo. Rev. Stat. § 40-3-101(1)(a) — 1 case
People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009).
“1, § 40-3-101(1)(a)-(b), 1971 Colo. Sess. Laws 418 .”
— Colo. Rev. Stat. § 40-3-101(2) — 3 cases
City of Montrose v. Pub. Utils. Com'n, Etc., 629 P.2d 619 (Colo. 1981).
“In fulfilling that function, in the area of utility regulation the PUC has “broadly based authority to do whatever it deems necessary or convenient to accomplish the legislative functions delegated to it.” Mountain States Telephone & Telegraph Co.”
— Colo. Rev. Stat. § 40-3-101(l)(a) — 2 cases
People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009).
“1, § 40-3-101(1)(a)-(b), 1971 Colo. Sess. Laws 418 .”
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