Colorado § 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.

(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.

Source: L. 84: Entire article added, p. 1046, § 1, effective July 1. L. 92: (2.5) added, p. 2128, § 1, effective April 10. L. 2008: (3) amended, p. 1797, § 17, effective July 1. L. 2021: IP(1), (1)(a), (1)(c), (2), (2.5), and (3)(a) amended and (1)(e) and (4) added, (SB 21-103), ch. 477, p. 3411, § 8, effective September 1.