Colorado § 40-2-141 - Requirements for electric generating units subject to a federal order - reporting - cost recovery - applicability - definitions.

§ 40-2-141. Requirements for electric generating units subject to a federal order - reporting - cost recovery - applicability - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Order" means an order that:

(I) Is issued by the president of the United States, a representative of the federal government, or a federal agency; and

(II) Requires a unit to remain available or connected to the electric grid to transmit or generate electricity after the date that the unit was scheduled to retire in accordance with an electric resource plan approved by the commission or the utility's governing entity prior to the issuance of the order.

(b) "Unit" means an electric generating unit in the state.

(c) "Wholesale electric cooperative" has the meaning set forth in section 40-2-134 (2).

(2) (a) (I) Beginning one hundred fifty days after the issuance of an order or one hundred fifty days after June 4, 2026, whichever is later, and continuing every ninety days until the order is no longer in effect, an investor-owned utility or a wholesale electric cooperative that is the owner or operator of a unit subject to the order shall file a report with the commission in the docket of the investor-owned utility's or wholesale electric cooperative's pending or most recent electric resource plan, which report must contain the following information, to the extent the information is available:

(A) The total operations and maintenance expenses required to keep the unit available or to operate the unit during the preceding ninety days;

(B) The total capital expenditures incurred to keep the unit available or operate the unit during the preceding ninety days;

(C) The total number of hours that the unit generated electricity during the preceding ninety days;

(D) The electrical output of the unit during the preceding ninety days; and

(E) Any curtailment of resources caused by the order and the incremental cost of the curtailment.

(II) An investor-owned utility or a wholesale electric cooperative may comply with subsection (2)(a)(I) of this section by submitting information to the commission that the operator files with a federal agency if the information addresses the topics required by subsection (2)(a)(I) of this section.

(III) If an investor-owned utility is an owner, but not the operator, of a unit subject to an order, the investor-owned utility shall file reports with the commission, according to the schedule specified by subsection (2)(a)(I) of this section, disclosing the investor-owned utility's share of the total costs specified in subsections (2)(a)(I)(A) and (2)(a)(I)(B) of this section.

(b) (I) Except as set forth in subsection (2)(b)(II) of this section, the commission shall make information provided pursuant to subsection (2)(a) of this section publicly available.

(II) If an investor-owned utility or wholesale electric cooperative designates information provided pursuant to subsection (2)(a) of this section as confidential, the commission shall make that information available only to a person that has signed and filed with the commission the appropriate nondisclosure agreement required by commission rules.

(3) An investor-owned utility may submit an application for a financing order pursuant to section 40-41-103 to recover the costs of complying with an order, either as a standalone application or as part of a broader financing order application that the investor-owned utility chooses to submit pursuant to section 40-41-103.

(4) Notwithstanding any provision of this section to the contrary, this section applies only:

(a) To the owner or operator of a unit that is subject to an order and that is required to file an electric resource plan with the commission;

(b) During the time period that an order is in effect; and

(c) To the extent not inconsistent with an order.

Source: L. 2026: Entire section added, (HB 26-1226), ch. 380, p. 2361, § 3, effective June 4.

Editor's note: Section 5 of chapter 380 (HB 26-1226), Session Laws of Colorado 2026, provides that the act adding this section applies to conduct occurring on or after June 4, 2026.

Cross references: For the legislative declaration in HB 26-1226, see section 1 of chapter 380, Session Laws of Colorado 2026.