Office of the Utility Consumer Advocate

C.R.S. tit. 40, art. 6.5
in effect

C.R.S. § 40-6.5-101 Definitions

40-6.5-101. Definitions. As used in this article 6.5, unless the context otherwise requires: (1) "Agricultural consumer" means a public utility customer whose utility service is classified as an agricultural user or an irrigation user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status. (1.3) "Board" means the utility consumers' board created in section 40-6.5-102 (3)(a). (2) "Commission" means the public utilities commission created in article 2 of this title. (2.2) "Director" means the director of the office, appointed pursuant to section 40-6.5-102 (1). (2.4) "Executive director" means the executive director of the department of regulatory agencies, appointed pursuant to section 24-34-101 (1)(a). (2.8) "Office" means the office of the utility consumer advocate created in section 40-6.5-102 (1). (3) "Public utility" means an electric utility or gas utility. (4) "Residential consumer" means a public utility customer whose utility service is limited to his residence. (5) "Small business consumer" means a public utility customer whose utility service is classified as a small business user or a small commercial user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status. (6) "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

C.R.S. § 40-6.5-102 Office of the utility consumer advocate and utility consumers' board - creation - appointment - attorney general to represent

40-6.5-102. Office of the utility consumer advocate and utility consumers' board - creation - appointment - attorney general to represent. (1) There is hereby created, as a division within the department of regulatory agencies, the office of the utility consumer advocate, the head of which is the director, who shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution. (2) The office is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies. (3) (a) The utility consumers' board is created and shall guide the policy of the office. The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies and the executive director. (b) (I) The board consists of members appointed as follows: (A) The governor shall appoint one member from each congressional district in the state. Of the members appointed by the governor, at least one member must be actively engaged in agriculture as a business and at least two members must be owners of small businesses with one hundred or fewer employees. No more than a minimum majority of the governor's appointments may be affiliated with the same political party. (B) The president of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives shall each appoint one member of the board. (II) Members of the board serve terms of four years. If a person has any conflict of interest with the duties required of a member of the board, the appointing authority shall not appoint the person as a member of the board. The official who appointed a board member may remove that board member for misconduct, incompetence, or neglect of duty. Board members serve without compensation, but members who reside outside the counties of Denver, Jefferson, Adams, Arapahoe, Boulder, Broomfield, and Douglas are entitled to reimbursement for reasonable and actual expenses to attend board meetings in Denver. The board shall meet at least six times per year. (c) It is the duty of the board to represent the public interest of Colorado utility users, and, specifically, the interests of residential, agricultural, and small business users, by providing general policy guidance and oversight for the office and the director in the performance of their statutory duties and responsibilities as specified in this article 6.5. The powers and duties of the board include the following: (I) Providing general policy guidance to the office regarding rule-making matters, legislative projects, general activities, and priorities of the office; and (II) Gathering data and information and formulating policy positions to advise the office in preparing analysis and testimony in legislative hearings on proposed legislation affecting the interests of residential, small business, and agricultural utility users. (4) It is the duty of the attorney general to advise the office and the board in all legal matters and to provide representation in proceedings in which the office participates.

C.R.S. § 40-6.5-103 Qualifications of the director - conflict of interest

40-6.5-103. Qualifications of the director - conflict of interest. The director must have at least five years of experience in consumer-related utility issues or in the operation, management, or regulation of utilities as either an attorney, an engineer, an economist, an accountant, a financial analyst, or an administrator or any combination of those roles. The executive director shall not appoint as director a person who owns stocks or bonds in a corporation subject in whole or in part to regulation by the commission or who has any pecuniary interest in such corporation.

C.R.S. § 40-6.5-104 Representation by the director - powers of the office

40-6.5-104. Representation by the director - powers of the office. (1) The director shall represent the public interest and, to the extent consistent therewith, the specific interests of residential consumers, agricultural consumers, and small business consumers by appearing in proceedings before the commission and appeals therefrom in matters that involve proposed changes in a public utility's rates and charges; in matters involving rule-making that have an impact on the charges, the provision of services, or the rates to consumers; and in matters that involve certificates of public convenience and necessity for facilities employed in the provision of utility service, the construction of which would have a material effect on the utility's rates and charges. (2) In determining whether to appear in a proceeding of the commission, the director shall consider the importance and the extent of the public interest involved. In evaluating the public interest, including the impact on rates and charges to consumers, the director shall give due consideration to statutory decarbonization goals set forth in sections 25-7-102 (2)(g) and 40-2-125.5 (3), just transition in accordance with section 40-2-133, environmental justice, and the short- and long-term effect of the proceedings upon various classes of consumers, so as not to jeopardize the interest of one class in an action by another. If the director determines that there may be inconsistent interests among the various classes of the consumers that the director represents in a particular matter, the director may choose to represent one of the interests or to represent no interest. Nothing in this section limits the right of any person to petition or make complaint to the commission or otherwise intervene in proceedings or other matters before the commission. (3) The director shall be served with notices of all proposed gas and electric tariffs, and the director shall be served with copies of all orders of the commission affecting the charges of agricultural consumers, residential consumers, and small business consumers. (4) The office may intervene in matters before the commission that relate to a telecommunications service proceeding, including a rule-making proceeding, that has an impact on the provision or quality of telecommunications service. (5) The office shall not recommend that the commission take any action that would interfere with the administration or determination of employees' wages, health insurance, or retirement benefits negotiated between a regulated utility and a labor union through collective bargaining.

C.R.S. § 40-6.5-105 Intervenors other than the office of the utility consumer advocate

40-6.5-105. Intervenors other than the office of the utility consumer advocate. (1) If the office intervenes and there are other intervenors in proceedings before the commission, the determination of said commission with regard to the payment of expenses of intervenors, other than the office, and the amounts thereof shall be based on the following considerations: (a) Any reimbursements may be awarded only for expenses related to issues not substantially addressed by the office; (b) The testimony and participation of other intervenors must have addressed issues of concern to the general body of users or consumers concerning, directly or indirectly, rates or charges; (c) The testimony and participation of other intervenors must have materially assisted the commission in rendering its decision; (d) The expenses of other intervenors must be reasonable in amount; (e) The testimony and participation of other intervenors must be of significant quality; (f) The participation of other intervenors must be active during the proceeding and not merely an appearance for purposes of establishing legal standing; and (g) The payment of expenses of other intervenors who are in direct competition with a public utility involved in proceedings before the commission is prohibited. (2) The commission shall promptly report the award of any intervenors' expenses to the executive director of the department of regulatory agencies.

C.R.S. § 40-6.5-106 Powers of the director - report

40-6.5-106. Powers of the director - report. (1) The director: (a) May employ such attorneys, engineers, economists, accountants, or other employees as may be necessary to carry out the director's duties; (b) Shall be granted, by the commission, leave to intervene in all cases where such request is made in conformance with rules of the commission; (c) May contract for the services of technically qualified persons to perform research and to appear as expert witnesses before the commission. The director shall pay any person contracted with pursuant to this subsection (1)(c) from funds appropriated for the director's use. (d) May have access to the files of the commission when conducting research; (e) (I) May inspect the records and documents of any public utility and conduct depositions under oath of any officer, agent, or employee of a public utility in relation to the public utility's business and affairs. To exercise this authority, the director shall request that the commission issue a subpoena pursuant to the commission's authority under section 40-6-103 (1) to: (A) Issue a subpoena on a public utility requiring the public utility to produce records or documents, or, for records or documents kept outside of the state, to produce verified copies of records or documents, for inspection by the office at such time and place that the commission designates; or (B) Issue a subpoena for the attendance of witnesses at a deposition to be conducted by the director or the director's designee at such time and place that the commission designates. The director or the director's designee has the authority to administer oaths of witnesses at a deposition held pursuant to this subsection (1)(e)(I). (II) With respect to the good cause shown requirement set forth in section 40-6-103 (1) for the issuance of a subpoena, good cause is shown for a request made pursuant to this subsection (1)(e) if the director's request identifies the testimony, records, or documents sought pursuant to this subsection (1)(e). (2) The director may petition for, request, initiate, and appear and intervene as a party in any commission proceeding, including a rule-making proceeding, that concerns or affects utility rate changes, charges, tariffs, modifications of service, and matters involving certificates of public convenience and necessity. Notwithstanding any provision of this article 6.5 to the contrary, the director shall not be a party to any individual complaint between a utility and an individual. (2.5) The director may petition for, request, initiate, or seek to intervene in any proceeding before a federal agency that regulates utility rates or service or before a federal court when the matter before the agency or court will affect a rate, charge, tariff, or term of service for a utility product or service for a residential, small business, or agricultural utility consumer in the state of Colorado. The phrase "federal agency that regulates utility rates or service" does not include any federal lending agency. (3) (a) The director and any member of the director's staff directly involved in a specific adjudicatory proceeding before the commission shall refrain from ex parte communications with members of the commission. The director and the director's staff have all rights and are governed by the same ex parte rules as all other intervenors. (b) As used in this subsection (3), an "adjudicatory proceeding" does not include a rule-making proceeding or discussions on pending legislative proposals. (4) (a) The director or the director's designee shall provide policy analysis to the executive director on legislative matters pending before the general assembly that directly relate to the office's mission. e rules as all other intervenors. (b) As used in this subsection (3), an "adjudicatory proceeding" does not include a rule-making proceeding or discussions on pending legislative proposals. (4) (a) The director or the director's designee shall provide policy analysis to the executive director on legislative matters pending before the general assembly that directly relate to the office's mission. (b) The office may provide presentations and other forms of education to the general assembly on the types of matters that involve: (I) Public utilities' rates and charges; (II) The provision of services; (III) Certificates of public convenience and necessity for facilities: (A) That are or would be used in providing utility service; and (B) The construction of which would have material effect on a public utility's rates and charges; and (IV) Other matters that affect the public interest of the constituents that the office represents. (c) The department of regulatory agencies shall annually report on the office as part of its presentation to its committees of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", including reporting on the following: (I) A summary of matters in which the office intervened in the preceding year and the resolution, if any, of those matters; and (II) A summary of the office's other work in the preceding year.

C.R.S. § 40-6.5-107 Financing of office

40-6.5-107. Financing of office. At each regular session, the general assembly shall determine the amount to be expended by the office for the direct and indirect costs of administration in performing its duties and responsibilities required by this article 6.5 and shall appropriate the amount to the office from the public utilities commission fixed utility fund and the telecommunications utility fund created in section 40-2-114. The general assembly shall not appropriate money from the general fund to the office for the performance of its duties and responsibilities under this article 6.5.

C.R.S. § 40-6.5-108 Repeal of article - office of the utility consumer advocate subject to termination

40-6.5-108. Repeal of article - office of the utility consumer advocate subject to termination. This article 6.5 is repealed, effective September 1, 2028. Before the repeal, this article 6.5 is scheduled for review in accordance with section 24-34-104.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-40.docxFetched: 10/6/2026
C.R.S. tit. 40, art. 6.5 — Office of the Utility Consumer Advocate | Colorado Revised Statutes (2024 edition) — Colorado | Corpus