Colorado § 40-3-103 - Utilities to file rate schedules - rules.

§ 40-3-103. Utilities to file rate schedules - rules.

(1) Under the rules prescribed by the commission, each public utility shall file with the commission, within the time and in the form designated by the commission, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected and enforced, together with all rules, regulations, contracts, privileges, and facilities that in any manner affect or relate to rates, tolls, rentals, classifications, or service.

(2) (a) On or after January 1, 2018, on a schedule determined by the commission, each investor-owned electric utility shall file for the commission's review a comprehensive billing format that the investor-owned electric utility has developed for its monthly billing of customers. The comprehensive billing format must include the following components of a customer's monthly bill:

(I) A line-item representation of all monthly charges and credits applied to the customer and an indication of whether the charges have changed from the prior month as a result of changes in fuel costs;

(II) For months in which tiered rates are applied, a breakdown of the tiered rates and the amount of usage to which each rate was applied for the month;

(III) The daily average cost for the current month compared to the same month in the previous calendar year;

(IV) A glossary of terms used by the utility in the monthly bill;

(V) A description of each of the monthly fees that the utility may charge the customer;

(VI) The usage for the current month and each of the previous twelve months, as shown in a bar graph or similar visual format; and

(VII) For customers to which demand rates apply, a listing of the applicable demand charge, the peak demand during the billing period, and, provided the utility can reasonably ascertain such data, the date and time at which the peak demand occurred.

(b) Each investor-owned electric utility shall provide its customers, on a biannual basis, with either an onsert or an insert that indicates, as a percentage, each fuel source used in power generation and purchased for that utility, including renewable energy sources, natural gas, and coal.

(c) (I) The commission shall review a filing submitted pursuant to subsection (2)(a) of this section within thirty days after the filing. If the commission determines that the filing does not meet the comprehensive billing format requirements set forth in subsection (2)(a) of this section, the commission may require the investor-owned electric utility to resubmit a comprehensive billing format in compliance with the requirements. The commission shall notify the investor-owned electric utility in writing of the reasons for the deficiency, and the investor-owned electric utility shall resubmit a comprehensive billing format in compliance with the requirements of subsection (2)(a) of this section within sixty days after the date of the commission's notice of deficiency; except that the commission may, upon request, extend the deadline.

(II) After the commission has approved a comprehensive billing format submitted by an investor-owned electric utility pursuant to subsection (2)(a) of this section, the investor-owned electric utility need not resubmit a comprehensive billing format unless the investor-owned electric utility makes changes to its comprehensive billing format.

Source: L. 13: p. 469, § 15. C.L. § 2926. CSA: C. 137, § 16. CRS 53: § 115-3-3. C.R.S. 1963: § 115-3-3. L. 69: p. 964, § 75. L. 91: Entire section amended, p. 2427, § 1, effective June 8. L. 2006: Entire section amended, p. 1103, § 26, effective August 7. L. 2007: Entire section amended, p. 1244, § 1, effective May 24. L. 2017: Entire section amended, (SB 17-105), ch. 224, p. 862, § 1, effective May 22.

ANNOTATION

Law reviews. For article, "Coal Mining a Public Utility", see 12 Dicta 267 (1935). For article, "Retail Competition in the Electric Utility Industry", see 60 Den. L.J. 1 (1982).

Tariffs do not rise to the level of statutes even though rate-making through tariffs is a proper delegation of legislative power. U S West Commc'ns v. City of Longmont, 948 P.2d 509 (Colo. 1997).

Standard principles of statutory construction apply to the interpretation of a tariff. Safehouse Progressive Alli. for Nonviolence, Inc. v. Qwest Corp., 174 P.3d 821 (Colo. App. 2007).

Tariff requiring a municipality to pay relocation costs does not take precedence over a contrary municipal charter or ordinance. U S West Commc'ns v. City of Longmont, 948 P.2d 509 (Colo. 1997).

Rates must be filed in order that they may be of public record and be complained against by any person aggrieved thereby. Intermountain Rural Elec. Ass'n v. Colo. Cent. Power Co., 322 F.2d 516 (10th Cir. 1963).

Under the filed rate doctrine, customers are charged with notice not only of the rates charged under the tariffs but also of other terms pertaining to the carrier's liability and other issues and may not bring an action against a carrier that would invalidate, alter, or add to the terms of the filed tariff. Safehouse Progressive Alli. for Nonviolence, Inc. v. Qwest Corp., 174 P.3d 821 (Colo. App. 2007).

Rights as defined by the tariff cannot be varied or enlarged by either contract or tort of the carrier, thus, a common-law claim that is inconsistent with the terms of a filed tariff is barred. Safehouse Progressive Alli. for Nonviolence, Inc. v. Qwest Corp., 174 P.3d 821 (Colo. App. 2007).

Filing and publication of tariff by motor carrier is essential to establish tariff and put it in force: Publication is required for the benefit and advantage of the public. Reed v. United States Vanadium Corp., 138 F.2d 846 (10th Cir. 1943).

Proposed schedule submitted with application is not sufficient filing. Proposed schedules of rates filed with application for certificate of public convenience and necessity to operate a motor carrier and with application for transfer of certificate were not filed and published in a manner which constituted them a legal tariff. Reed v. United States Vanadium Corp., 138 F.2d 846 (10th Cir. 1943).

Applied in City of Loveland v. Pub. Utils. Comm'n, 195 Colo. 298, 580 P.2d 381 (1978); People v. Mingo, 196 Colo. 315, 584 P.2d 632 (1978).