Colorado Revised Statutes

Colo. Rev. Stat. § 40-6-111 (2026)

Hearing on schedules - suspension - new rates - rejection of tariffs

✓ current as of July 2026

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(1) (a) Whenever there is filed with the commission any tariff or schedule stating any new or changed individual or joint rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation, the commission has power, either upon complaint or upon its own initiative and without complaint, at once, and, if it so orders, without answer or other formal pleadings by the interested public utilities, but upon reasonable notice, to have a hearing concerning the propriety of such rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation if it believes that such a hearing is required and that such rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation may be improper.

(b) Pending the hearing and decision on the hearing, in the case of a public utility other than a rail carrier, the rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation must not go into effect; but the period of suspension of the rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation must not extend beyond one hundred twenty days beyond the time when the rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation would otherwise go into effect unless the commission, in its discretion, and by separate order, extends the period of suspension for a further period not exceeding one hundred thirty days.

(d) Notwithstanding any order of suspension of a proposed increase in electric, gas, or steam rates under this subsection (1), after January 1, 2012, the commission may order, without hearing, interim rates, at any level up to the proposed new rates, to take effect not later than sixty days after the filing for the proposed rate increase. In making a determination as to whether to allow interim rates, the commission shall consider the amount of the revenue deficiency presented by the utility and the extent to which this deficiency would adversely affect the utility during the time period required to hold hearings on the suspended rates.

(2) (a) (I) If a hearing is held thereon, whether completed before or after the expiration of the period of suspension, the commission shall establish the rates, fares, tolls, rentals, charges, classifications, contracts, practices, or rules proposed, in whole or in part, or others in lieu thereof, that it finds just and reasonable. In making such finding in the case of a public utility other than a rail carrier, the commission may consider current, future, or past test periods or any reasonable combination thereof and any other factors that may affect the sufficiency or insufficiency of such rates, fares, tolls, rentals, charges, or classifications during the period the same may be in effect and may consider any factors that influence an adequate supply of energy, encourage energy conservation, or encourage renewable energy development. The commission shall consider the reasonableness of the test period revenue requirements presented by the utility.

(II) If the rates established by the commission after hearing are lower than any interim rates established under paragraph (d) of subsection (1) of this section, then the commission shall order the utility to return to customers on their utility bills through a negative rate rider the difference between the total amount that would have been collected under the final approved rates and the amount collected under the interim rates for the period that the interim rates were in effect, with interest at a rate established by the commission.

(III) All such rates, fares, tolls, rentals, charges, classifications, contracts, practices, or rules not so suspended, on the effective date thereof, which, in the case of a public utility other than a rail carrier, shall not be less than thirty days after the time of filing the same with the commission, or of such lesser time as the commission may grant, shall go into effect and be the established and effective rates, fares, tolls, rentals, charges, classifications, contracts, practices, and rules subject to the power of the commission, after a hearing on its own motion or upon complaint, as provided in this article, to alter or modify the same.

(b) Repealed.

(c) If the commission considers factors which encourage renewable energy development, it shall also make findings and give due consideration to the effect of such factors on the utility's ability to recover its capital and operating costs.

(3) The tariffs and schedules required by this title shall contain such information, and shall be published, filed, and posted in such form and manner, as the commission by regulation shall prescribe; and the commission is authorized to reject any tariff or schedule filed with it which is not in the form required by this section and by such regulations. Any tariff or schedule so rejected by the commission shall be void and its use shall be unlawful.

(4) (a) The provisions of this section relating to suspension of rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules, or regulations pending the hearing and decision thereon shall not apply to cooperative electric associations, but this subsection (4) shall not be construed to exempt such associations from any other provision of this section. Notwithstanding any other provision of law, no cooperative electric association shall establish, charge, or collect a discriminatory or preferential rate, charge, rule, or regulation which would be violative of section 40-3-106 (1) or section 40-3-111. Upon complaint filed by any member or customer of a cooperative electric association or by any affected public utility, the commission shall determine whether the rate, charge, rule, or regulation in question is contrary to this section, section 40-3-106 (1), or section 40-3-111.

(b) (I) Paragraph (a) of this subsection (4) shall not be applicable to a cooperative electric association which has voted to exempt itself from regulation pursuant to the provisions of section 40-9.5-103. Regulation of such cooperative electric associations shall be in the manner provided in article 9.5 of this title.

(II) Repealed. (c) and (c.1) Repealed.

Source: L. 13: p. 495, § 48. C.L. § 2957. CSA: C. 137, § 48. CRS 53: § 115-6-11. L. 63: p. 760, § 1. C.R.S. 1963: § 115-6-11. L. 69: p. 946, § 43. L. 81: (1) and (2) amended and (4) added, pp. 1914, 1920, 1922, §§ 2, 1, 2, effective July 1. L. 82: (4) amended, p. 587, § 1, effective February 19. L. 83: (4) amended, p. 1572, § 3, effective July 1. L. 84: (1) and (2) amended, p. 1041, § 7, effective July 1. L. 85: (4)(b)(I) amended and (4)(b)(II) repealed, pp. 1301, 1303, §§ 2, 6, effective April 5. L. 89: (3) amended, p. 1531, § 14, effective April 12; (4)(c) and (4)(c.1) added, pp. 1538, 1539, §§ 1, 1, effective April 28. L. 94: (2)(a) amended and

(2)(c) added, p. 612, § 4, effective April 8. L. 2000: (1)(c) and (2)(b) repealed, p. 217, § 5, effective March 29. L. 2010: (1)(d) added and (2)(a) amended, (HB 10-1365), ch. 140, p. 475, §§ 2, 3, effective April 19. L. 2019: (1)(b) amended, (SB 19-236), ch. 359, p. 3312, § 17, effective May 30.

Editor's note: (1) Amendments to subsection (2) by House Bill 81-1036 and House Bill 81-1038 were harmonized.

(2) Subsection (4)(c.1) provided for the repeal of subsections (4)(c) and (4)(c.1), effective July 1, 1992. (See L. 89, p. 1539.)

Cross references: For the legislative declaration contained in the 1994 act amending subsection (2)(a) and enacting subsection (2)(c), see section 1 of chapter 102, Session Laws of Colorado 1994.

Notes of Decisions

Cited in 12 cases, 1978–1994 · leading case: Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988).

Sort: Relevance Newest Treatment

Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). · cites it 76× “If the district court had applied proper principles of statutory construction, it would not have ignored the remainder of section 40-6-111, particularly subsection (1), and other pertinent provisions of the public utilities law, all of which confirm the Commission's power and…”

Colorado Ute Elec. Ass'n v. Pub. Utils. Comm'n, 602 P.2d 861 (Colo. 1979). · cites it 8× “Section 40-6-111 does not require the commission to promulgate revised rates within 210 days following suspension of the rates filed by the utility, but after the 210 days have elapsed, the utility is entitled to charge the rates originally filed with the commission until such…”

Mountain States Tel. & Tel. Co. v. Pub. Utils. Comm'n, 576 P.2d 544 (Colo. 1978). · cites it 6× “See section 40-6-111, C.R.S. 1973. The PUC must also “conduct its proceedings in such a manner as will best conduce the proper dispatch of business and the ends of justice.”

Colorado Mun. League v. Pub. Utils. Comm'n, 591 P.2d 577 (Colo. 1979). · cites it 6× “Section 40-6-111, C.R.S. 1973. After the PUC issues its initial decision, the parties have 20 days to file an application for rehearing, reargument, or reconsideration.”

Colorado Off. of Consum. Couns. v. Pub. Utils. Comm'n, 752 P.2d 1049 (Colo. 1988). · cites it 8× “Section 40-6-111 vests the Commission with discretion to conduct a hearing when a tariff request is filed.”

Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 590 P.2d 960 (Colo. 1979). · cites it 6× “Since this is a proceeding in which a tariff for a new rate was filed, not a proceeding in which the Commission found the existing rates were “unjust, unreasonable, discriminatory, or preferential,” section 40-6-111, C.R.S. 1973 governs. It contains no language comparable to…”

Pub. Serv. Co. of Colorado v. Pub. Utils. Comm'n, 653 P.2d 1117 (Colo. 1982). · cites it 6× “The procedure is initiated by the utility’s filing of tariffs with the Commission setting forth the proposed new rates. If the Commission does not suspend the rates, they go into effect automatically in thirty days, or in a lesser time if the Commission so orders.”

Colorado Off. of Consum. Couns. v. Pub. Serv. Co., 877 P.2d 867 (Colo. 1994). · cites it 11× “Section 40-6-111, 17 C.R.S. (1993), gives the PUC the power to review rates that may be unreasonable or improper.”

City of Loveland v. Pub. Utils. Comm'n, 580 P.2d 381 (Colo. 1978). · cites it 3× “Section 40-6-111, C.R.S. 1973. In challenging the PUC’s regulation of rates, Loveland relies on Article V, Section 35 of the Colorado Constitution, which states: “The general assembly shall not delegate to any special commission, private corporation or association, any power to…”

Integrated Network Servs., Inc. v. Pub. Utils. Comm'n, 875 P.2d 1373 (Colo. 1994). · cites it 2× “See § 40-6-111(1), 17 C.R.S. (1993). Thereafter, the PUC bifurcated the rate case into two phases.”

Colorado Off. of Consum. Couns. v. Pub. Utils. Comm'n, 786 P.2d 1086 (Colo. 1990). · cites it 2× “See § 40-6-111(1), 17 C.R.S. (1984). The Commission also instituted I & S 1720, the rate restructure docket.”

In Re Colorado-Ute Elec. Ass'n, Inc., 132 B.R. 174 (Bankr.D. Colo. 1991). · cites it 2× “, against the debtor challenging the constitutionality of C.R.S. § 40-6-111(4)(c). Applicant negotiated a stipulated relief from stay with Shell Western which delays the trial by four months.”

— Colo. Rev. Stat. § 40-6-111(1) — 6 cases

Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). “If the district court had applied proper principles of statutory construction, it would not have ignored the remainder of section 40-6-111, particularly subsection (1), and other pertinent provisions of the public utilities law, all of which confirm the Commission's power and…”

Mountain States Tel. & Tel. Co. v. Pub. Utils. Comm'n, 576 P.2d 544 (Colo. 1978). “See section 40-6-111, C.R.S. 1973. The PUC must also “conduct its proceedings in such a manner as will best conduce the proper dispatch of business and the ends of justice.”

Colorado Ute Elec. Ass'n v. Pub. Utils. Comm'n, 602 P.2d 861 (Colo. 1979). “Section 40-6-111 does not require the commission to promulgate revised rates within 210 days following suspension of the rates filed by the utility, but after the 210 days have elapsed, the utility is entitled to charge the rates originally filed with the commission until such…”

Colorado Mun. League v. Pub. Utils. Comm'n, 591 P.2d 577 (Colo. 1979). “Section 40-6-111, C.R.S. 1973. After the PUC issues its initial decision, the parties have 20 days to file an application for rehearing, reargument, or reconsideration.”

Integrated Network Servs., Inc. v. Pub. Utils. Comm'n, 875 P.2d 1373 (Colo. 1994). “See § 40-6-111(1), 17 C.R.S. (1993). Thereafter, the PUC bifurcated the rate case into two phases.”

— Colo. Rev. Stat. § 40-6-111(1)(a) — 2 cases

Colorado Off. of Consum. Couns. v. Pub. Serv. Co., 877 P.2d 867 (Colo. 1994). “Section 40-6-111, 17 C.R.S. (1993), gives the PUC the power to review rates that may be unreasonable or improper.”

— Colo. Rev. Stat. § 40-6-111(1)(b) — 1 case

— Colo. Rev. Stat. § 40-6-111(2) — 4 cases

Pub. Serv. Co. of Colorado v. Pub. Utils. Comm'n, 653 P.2d 1117 (Colo. 1982). “The procedure is initiated by the utility’s filing of tariffs with the Commission setting forth the proposed new rates. If the Commission does not suspend the rates, they go into effect automatically in thirty days, or in a lesser time if the Commission so orders.”

Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 590 P.2d 960 (Colo. 1979). “Since this is a proceeding in which a tariff for a new rate was filed, not a proceeding in which the Commission found the existing rates were “unjust, unreasonable, discriminatory, or preferential,” section 40-6-111, C.R.S. 1973 governs. It contains no language comparable to…”

Colorado Off. of Consum. Couns. v. Pub. Utils. Comm'n, 752 P.2d 1049 (Colo. 1988). “Section 40-6-111 vests the Commission with discretion to conduct a hearing when a tariff request is filed.”

— Colo. Rev. Stat. § 40-6-111(2)(a) — 2 cases

Colorado Off. of Consum. Couns. v. Pub. Serv. Co., 877 P.2d 867 (Colo. 1994). “Section 40-6-111, 17 C.R.S. (1993), gives the PUC the power to review rates that may be unreasonable or improper.”

— Colo. Rev. Stat. § 40-6-111(4) — 1 case

— Colo. Rev. Stat. § 40-6-111(4)(a) — 1 case

— Colo. Rev. Stat. § 40-6-111(4)(c) — 1 case

In Re Colorado-Ute Elec. Ass'n, Inc., 132 B.R. 174 (Bankr.D. Colo. 1991). “, against the debtor challenging the constitutionality of C.R.S. § 40-6-111(4)(c). Applicant negotiated a stipulated relief from stay with Shell Western which delays the trial by four months.”

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