Colorado § 40-5-103 - Certificate - application for - issuance.

§ 40-5-103. Certificate - application for - issuance.

(1) Before any certificate may issue under sections 40-5-101 to 40-5-104, a certified copy of its articles of incorporation or charter, if the applicant is a corporation, shall be filed in the office of the commission. Every applicant for a certificate to exercise franchise rights under section 40-5-102 shall file in the office of the commission such evidence as shall be required by the commission to show that such applicant has received the required consent, franchise, permit, ordinance, vote, or other authority of the proper county, city and county, or municipal or other public authority. The commission has the power to issue a certificate to exercise franchise rights after hearing, to refuse to issue the same, or to issue it for the partial exercise only of said right or privilege and may attach to the exercise of the rights granted by such certificate such terms and conditions as in its judgment the public convenience and necessity may require. Nothing contained in this subsection (1) shall be construed to limit or restrict the power and authority of the commission: To regulate, issue, or refuse to issue certificates of public convenience and necessity for construction of a new facility, plant, or system or of any extension thereof as provided in section 40-5-101; and to attach to the exercise of the rights granted by such certificate such terms and conditions as in the commission's judgment may be required by the public convenience and necessity.

(2) If such public utility desires to exercise a right or privilege under a franchise, permit, ordinance, vote, or other authority which it contemplates securing but which has not yet been granted to it, such public utility may apply to the commission for an order preliminary to the issue of the certificate. The commission may thereupon make an order declaring that it will thereafter, upon application, under such rules and regulations as it may prescribe issue the desired certificate upon such terms and conditions as it may designate after such public utility has obtained the contemplated franchise, permit, ordinance, vote, or other authority. Upon the presentation to the commission of evidence satisfactory to it that such franchise, permit, ordinance, vote, or other authority has been secured by such public utility, the commission shall thereupon issue such certificate.

Source: L. 13: p. 418, § 35. L. 17: p. 418, § 1. C.L. § 2946. CSA: C. 137, § 36. CRS 53: § 115-5-3. C.R.S. 1963: § 115-5-3. L. 69: p. 937, § 29. L. 81: (1) amended, p. 1918, § 1, effective June 19. L. 82: (1) amended, p. 629, § 43, effective April 2.

ANNOTATION

General assembly has granted extensive and broad regulatory powers to commission including the power to designate location of facilities and also relocation or removal thereof. Pub. Serv. Co. v. Pub. Utils. Comm'n, 142 Colo. 135, 350 P.2d 543 (1960).

Commission determines certification of new area absent preexisting right to serve area. When there is no preexisting right to serve an area, even if there is presently service to a contiguous area, the new area can be certificated to whomever the public utilities commission (PUC), exercising its expertise, determines is best able to serve the territory. Rocky Mt. Natural Gas Co. v. Pub. Utils. Comm'n, 199 Colo. 352, 617 P.2d 1175 (1980).

Findings on right to certificate binding on review. Findings of the PUC on the right of a company to a certificate of public necessity and convenience under the provisions of this section are binding upon the court of review. Pirie v. Pub. Utils. Comm'n, 72 Colo. 65, 209 P. 640 (1922).

"Required consent" of proper county manifestly means "required by law". Atchison, T. & S. F. Ry. v. Pub. Utils. Comm'n, 77 Colo. 42, 234 P. 175 (1925).