Colorado § 40-9.5-107 - Duties of cooperative electric associations.

§ 40-9.5-107. Duties of cooperative electric associations.

(1) Cooperative electric associations shall provide reasonably continuous and adequate electric utility service to all members and consumers within their certificated service areas.

(2) Cooperative electric associations shall provide and maintain reasonably adequate facilities for the provision of electric utility service within their certificated service areas.

(3) All cooperative electric associations shall cooperate with each other and with other electric utilities in avoiding unnecessary construction of facilities and cooperate in the joint use of facilities for generation, transmission, and distribution of electric energy.

(4) Cooperative electric associations shall construct and maintain their facilities in a careful and safe fashion so as to minimize hazards to either persons or property.

(5) Cooperative electric associations shall continue to file with the public utilities commission those items required by sections 40-2-111, 40-3-110, and 40-5-106 (2) and shall comply with section 40-2-124 (3) and (4). The records and accounts of cooperative electric associations shall be kept in accordance with procedures established by the commission pursuant to section 40-4-111.

(6) If a cooperative electric association has an immediate shutoff policy, such association shall have provisions for an immediate appeal of such policy to the board of directors.

(7) The board of directors of a cooperative electric association shall adopt all necessary rules and regulations to comply with the provisions of this part 1.

(8) Any conflict arising out of this section shall be resolved by the public utilities commission in accordance with the hearing procedures established in article 6 of this title.

Source: L. 83: Entire article added, p. 1570, § 1, effective July 1. L. 86: (7) amended, p. 1162, § 7, effective May 27; (5) amended, p. 1223, § 38, effective May 30. L. 2005: (5) amended, p. 239, § 3, effective August 8.

ANNOTATION

The statutory identification of the duties listed in this section does not limit powers extraneous to such duties. In interpreting this section, consideration shall be given to the entire statutory scheme including § 40-9.5-112 that states that the provisions of article 55 of title 7 apply to cooperative electric associations. Such article allows a cooperative to engage in any lawful activity except banking, therefore, the plaintiff's contention that a nonprofit cooperative electric association is not authorized to form and invest in two for-profit, non-electric subsidiaries is invalid. Bontrager v. La Plata Elec. Ass'n, 68 P.3d 555 (Colo. App. 2003).

The general assembly did not intend to limit cooperative electric associations to providing only electric services. Bontrager v. La Plata Elec. Ass'n, 68 P.3d 555 (Colo. App. 2003).