4 Colo. Code Regs. § 723-8-8002
Current through Register Vol. 47, No. 23, December 10, 2024
Section 4 CCR 723-8-8002 - Applications(a) By filing an appropriate application, any utility may ask that the Commission take action regarding any of the following matters:(I) For approval of meter and equipment testing practices, as provided in rule 8303.(II) For approval of a meter sampling program, as provided in rule 8304.(b) In addition to the requirements of specific rules, all applications shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attached exhibits: (I) The name and address of the applying utility.(II) The name(s) under which the applying utility is, or will be, providing service in Colorado.(III) The name, address, telephone number, facsimile number, and e-mail address of the applying utility's representative to whom all inquiries concerning the application should be made.(IV) A statement that the applying utility agrees to answer all questions propounded by the Commission or its Staff concerning the application. (V) A statement that the applying utility shall permit the Commission or any member of its Staff to inspect the applying utility's books and records as part of the investigation into the application.(VI) A statement that the applying utility understands that, if any portion of the application is found to be false or to contain material misrepresentations, any authorities granted pursuant to the application may be revoked upon Commission order.(VII) In lieu of the separate statements required by subparagraphs (b)(IV) through (VI) of this rule, a utility may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(IV) through (VI) of this rule.(VIII) A statement describing the applying utility's existing operations and general service area in Colorado. (IX) A copy of the applying utility's or parent company's and consolidated subsidiaries' most recent audited balance sheet, income statement, statement of retained earnings, and statement of cash flows so long as they provide Colorado specific financial information.(X) A statement indicating the town or city, and any alternative town or city, in which the applying utility prefers any hearings be held.(XI) Acknowledgment that, by signing the application, the applying utility understands that: (A) The filing of the application does not by itself constitute approval of the application.(B) If the application is granted, the applying utility shall not commence the requested action until the applying utility complies with applicable Commission rules and any conditions established by Commission order granting the application.(C) If a hearing is held, the applying utility must present evidence at the hearing to establish its qualifications to undertake, and its right to undertake, the requested action.(D) In lieu of the statements contained in subparagraphs (b)(XI)(A) through (C) of this rule, an applying utility may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(XI)(A) through (C) of this rule.(XII) A statement which is made under penalty of perjury; which is signed by an officer, a partner, an owner, an employee of, an agent for, or an attorney for the applying utility, as appropriate, who is authorized to act on behalf of the applying utility; and which states that the contents of the application are true, accurate, and correct. The application shall contain the title and the complete address of the affiant. (c) In addition to the requirements of specific rules, all applications either shall include the following items or shall incorporate the following items by referring to information on file with the Commission in a miscellaneous docket created for that purpose. Applying utilities choosing to keep an item on file with the Commission in such miscellaneous docket shall keep the most current version on file and shall state in the application when the item was last filed with the Commission. Applying utilities choosing to include an item with the application shall include it in the following order and specifically identified either in the application or in appropriately identified attached exhibits: (I) A copy of the applying utility's applicable organizational documents (e.g., Articles of Incorporation, Partnership Agreement, Articles of Organization). (II) If the applying utility is not organized in Colorado, a current copy of the certificate issued by the Colorado Secretary of State authorizing the applying utility to transact business in Colorado.(III) The name, business address, and title of each officer, director, and partner.(IV) The names and addresses of affiliated companies that conduct business with the Colorado utility.(V) The name and address of the applying utility's Colorado agent for service of process.