(1) When complaint has been made to the commission concerning any rate, fare, toll, rental, or charge for any product or commodity furnished or service performed by any public utility and the commission has found, after investigation, that the public utility has charged an excessive or discriminatory amount for such product, commodity, or service, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection, provided no discrimination will result from such reparation.
(2) If the public utility does not comply with the order for the payment of reparation within the specified time in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning excessive or discriminatory charges shall be filed with the commission within two years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one year from the date of the order of the commission. The remedy provided in this section shall be cumulative and in addition to any other remedy in articles 1 to 7 of this title provided in case of failure of a public utility to obey the order or decision of the commission.
Source: L. 13: p. 502, § 56. C.L. § 2965. CSA: C. 137, § 56. CRS 53: § 115-6-19. C.R.S. 1963: § 115-6-19.
Notes of Decisions
Archibold v. Pub. Utils. Comm'n, 58 P.3d 1031 (Colo. 2002).
· cites it 3× “Under section 40-6-119(1), the PUC may impose reparations if it finds that a public utility has charged “an excessive or discriminatory amount” for a product, commodity, or service, after a customer has complained about the utility and the PUC has conducted an investigation.”
City of Aspen v. Kinder Morgan, Inc., 143 P.3d 1076 (Colo. Ct. App. 2006).
· cites it 2× “In rectifying unlawful action of a utility, the PUC can invoke the following remedies: (1) ordering a public utility to pay reparations to customers, § 40-6-119(1), C.R.S.2005; (2) requesting the Attorney General to bring suit for civil penalties, § 40-7-109, C.”
Exxon Pipeline v. La Pub. Serv. Com'n, 728 So. 2d 855 (La. 1999).
“There the PUC initiated its own proceeding and ordered a refund of an overcharge pursuant to C.R.S. 40-6-119, a statute identical in all pertinent respects to La.”
Dev. Recovery Co., LLC v. Pub. Serv. Co. of Colorado, 2017 COA 86 (Colo. Ct. App. 2017).
· cites it 2× “§ 40-6-119(1), C.R.S. 2016. Distilled to their essence, DRC’s claims here are that the developers were ultimately required to foot more of the bill for the utility extensions than was due according to the terms of the tariffs.”
— Colo. Rev. Stat. § 40-6-119(1) — 4 cases
Archibold v. Pub. Utils. Comm'n, 58 P.3d 1031 (Colo. 2002).
“Under section 40-6-119(1), the PUC may impose reparations if it finds that a public utility has charged “an excessive or discriminatory amount” for a product, commodity, or service, after a customer has complained about the utility and the PUC has conducted an investigation.”
City of Aspen v. Kinder Morgan, Inc., 143 P.3d 1076 (Colo. Ct. App. 2006).
“In rectifying unlawful action of a utility, the PUC can invoke the following remedies: (1) ordering a public utility to pay reparations to customers, § 40-6-119(1), C.R.S.2005; (2) requesting the Attorney General to bring suit for civil penalties, § 40-7-109, C.”
Dev. Recovery Co., LLC v. Pub. Serv. Co. of Colorado, 2017 COA 86 (Colo. Ct. App. 2017).
“§ 40-6-119(1), C.R.S. 2016. Distilled to their essence, DRC’s claims here are that the developers were ultimately required to foot more of the bill for the utility extensions than was due according to the terms of the tariffs.”
— Colo. Rev. Stat. § 40-6-119(2) — 1 case
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