Colo. Rev. Stat. » Title 40
Colorado Revised Statutes

Colo. Rev. Stat. § 40-5-102 (2026)

Certificate of public convenience and necessity

✓ current as of July 2026
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No public utility shall exercise any right or privilege under any franchise, permit, ordinance, vote, or other authority granted after April 12, 1913, or under any franchise, permit, ordinance, vote, or other authority granted before April 12, 1913, but not actually exercised before said date or the exercise of which has been suspended for more than one year without first having obtained from the commission a certificate that public convenience and necessity require the exercise of such right or privilege. When the commission finds, after hearing, that a public utility has, before April 12, 1913, begun actual construction work and is prosecuting such work, in good faith, uninterruptedly, and with reasonable diligence in proportion to the magnitude of the undertaking, under any franchise, permit, ordinance, vote, or other authority granted before April 12, 1913, but not actually exercised before said date, such public utility may proceed, under such rules and regulations as the commission may prescribe, to the completion of such work and after such completion, may exercise such right or privilege. Sections 40-5-101 to 40-5-104 shall not be construed to validate any right or privilege invalid on April 12, 1913, or becoming invalid after said date under any law of this state.

Source: L. 13: p. 481, § 35. L. 17: p. 418, § 1. C.L. § 2946. CSA: C. 137, § 36. CRS 53: § 115-5-2. C.R.S. 1963: § 115-5-2.

Notes of Decisions
Cited in 4 cases, 1976–2007 · leading case: Pub. Serv. Co. of Colorado v. Shaklee, 784 P.2d 314 (Colo. 1989).
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Pub. Serv. Co. of Colorado v. Shaklee, 784 P.2d 314 (Colo. 1989). · cites it 6× “Coors contacted Public Service in the Spring of 1979 seeking to secure a supply of electricity for its Weld County mine. As discussed below, under Colorado law, the Public Utilities Commission is authorized to issue certificates of public convenience and necessity which…”
City of Fort Morgan v. Colorado Pub. Utils. Comm'n, 159 P.3d 87 (Colo. 2007). · cites it 8× “The district court erred in concluding that (1) article XXV and article V, section 85 of the Colorado Constitution prohibited the PUC from issuing this CPCN and (2) section 40-5-102, C.R.S. (2006) prohibited the PUC from issuing this CPCN unless KN Wattenberg first obtained a…”
Denver Welfare Rights Org. v. Pub. Utils. Comm'n, 547 P.2d 239 (Colo. 1976). · cites it 3× “Public utilities, even though privately-financed and owned, operating pursuant to the regulation of the Commission, are granted existence by virtue of State law, section 40-5-102, C.R.S. 1973, and thereafter carry on business under color of State law.”
City of Greeley v. Poudre Valley Rural Elec. Ass'n, 744 P.2d 739 (Colo. 1987). · cites it 4× “” Section 40-5-102, 17 C.R.S. (1984), imposes the limitation that a public utility “shall not exercise any right or privilege under any franchise .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.