2020 Colorado Revised Statutes
Title 40 - Utilities
Article 41. Colorado Energy Impact Bond Act
Section 40-41-109. Electric utilities - duties - rate impact notice to customers.
(1) The electric bills of an electric utility that has obtained a financing order and caused CO-EI bonds to be issued:
Must explicitly reflect that a portion of the charges on the bill represents CO-EIcharges approved in a financing order issued to the electric utility and, if the CO-EI property has been transferred to an assignee, must include a statement that the assignee is the owner of the rights to CO-EI charges and that the electric utility or other entity, if applicable, is acting as a collection agent or servicer for the assignee;
Must include the CO-EI charge on each customer's bill as a separate line item titled"energy impact assistance charge" and may include both the rate and the amount of the charge on each bill. The failure of an electric utility to comply with this subsection (1) does not invalidate, impair, or affect any financing order, CO-EI property, CO-EI charge, or CO-EI bonds, but may subject the electric utility to penalties under applicable commission rules.
Must explain to customers in an annual filing with the commission the rate impactthat financing the retirement of electric generating facilities will have on customer rates.
(2) An electric utility that has obtained a financing order and caused CO-EI bonds to be issued must demonstrate in an annual filing with the commission that CO-EI bond proceeds are applied solely to the repayment of CO-EI costs and that CO-EI revenues are applied solely to the repayment of CO-EI bonds and other financing costs in accordance with the financing order. The cost of such annual filing is a financing cost recoverable by the electric utility from the CO-EI charge.
Source: L. 2019: Entire article added, (SB 19-236), ch. 359, p. 3327, § 26, effective May 30.
