Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0272.01 Duane Gall x4335     HOUSE BILL 12-1234
                    HOUSE SPONSORSHIP
 Tyler,  Fischer, Hullinghorst, Solano
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a right to participate in proceedings before the
            public utilities commission by customers of regulated
            businesses.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill clarifies that, for purposes of the rules governing
       intervention in administrative hearings before the Colorado public utilities
       commission (PUC), customers of a business regulated by the PUC qualify
       as persons who "will be interested in or affected by" the PUC's order.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 40-6-109, amend (1)
       as follows:
            40-6-109.  Hearings - orders - record - review - representation
       of entities in nonadjudicatory proceedings. (1) (a)  At the time fixed for
       any hearing before the commission, any commissioner, or an
       administrative law judge, or at the time to which the same hearing may
       have been continued, the following persons and entities are
       entitled to be heard, examine and cross-examine witnesses, and
       introduce evidence:
            (I)  The applicant, petitioner, or complainant;
            (II)  The person, firm, or corporation complained of; and
            (III)  Such persons, firms, or corporations as the commission may
       allow allows to intervene; and
            (IV)  Such persons, firms, or corporations as will be interested in
       or affected by any order that may be made by the commission in such the
       proceeding, and who shall have become parties to the proceeding shall be
       entitled to be heard, examine and cross-examine witnesses, and introduce
       evidence including customers of any business entity that is
       regulated by the commission and that is a party. The commission
       may impose reasonable time limits or adopt other procedural
       measures to accommodate the participation of numerous persons
       pursuant to this subparagraph (IV).
            (b)  A reporter appointed by the commission shall take a
       full and complete record of all testimony and all proceedings had
       before the commission, any commissioner, or an administrative law judge
       in any formal hearing and all testimony shall be taken down by any
       reporter appointed by the commission or, as deemed appropriate by the
       commission, a commissioner, or an administrative law judge, as
       applicable, the proceedings and testimony shall be recorded
       electronically. All parties in interest shall be are entitled to be heard in
       person or by attorney.
            SECTION 2.  Applicability. The provisions of this act apply to
       proceedings in which the initial application, petition, or complaint is filed
       on or after the effective date of this act.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.