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Xcel Environmental Tariff Intervention - PUC VictoryNAIOP NAIOP Colorado, Fitzsimmons, Forest City Stapleton, The Lionstone Group, BOMA, the Colorado Association of Home Builders and the Colorado Association of REALTORS joined forces to intervene in an Environmental Tariff proposal submitted by Xcel Energy to the Public Utilities Commission (PUC). Yesterday, the PUC issued its final decision. Bottom Line: PUC found that Xcel Energy failed to justify its Environmental Tariff PUC confirmed its earlier oral determination that Xcel Energy had failed to meet the burden of proof necessary to justify the tariff: "Public Service has attempted to limit the Commission's discretion, forcing the Commission to accept the entire proposal, or nothing at all. There are portions of the proposal that are reasonable and consistent with statutory standards. However, when taken as a whole, the proposal is significantly flawed, and Public Service's arguments in support of the tariff are insufficient to justify its problematic language . . .osal essentially does more harm than good . . ." [Note that PUC's use of "NAIOP" is shorthand for our entire intervener group and the joint efforts of all of our witnesses.] PUC struck the entirety of the tariff, leaving nothing of Xcel Energy's proposal in force. However, the PUC recognized that the parties need additional guidance on the reasonableness of elements of the Xcel Energy proposal to govern case-by-case negotiations or a future effort to develop a more reasonable, limited tariff. Due to this recognition, NAIOP and the intervener partners are continuing with our efforts to pass legislation during the 2010 session which would provide this additional guidance. This proactive use of legislation would prevent another tariff intervention from being necessary (which would be very costly). If you want more details on this issue, we have attached a fact sheet which will give you an overview of the tariff and the process. We have also attached the full PUC decision (all 110 pages!) if you would like to review the details (which start on page 59) along with a recap from the primary attorney. Additionally, here is a link to the legislation as currently introduced at the legislature (HB10-1187). This effort was a tremendous victory for the Commercial Real Estate Industry and particularly as it relates to the much needed redevelopment of brownfield sites. NAIOP Colorado thanks its intervener partners for their willingness to take on this tough issue and the financial ramifications of the legal battle before the PUC. Special thanks to our attorneys Kaplan & Kirsch (John Putnam and Polly Jessen) who did an outstanding job for the intervener group. If you would like to help defray the remaining costs of this effort (nearly $60,000), please contact the NAIOP office. If you have any questions or comments, please don't hesitate to give one of us a call. John Logan 2010 Legislative Affairs Chair (303) 740-7200 jlogan@lafflaw.com Bob Moody (303) 782-0155 Kathie Barstnar Executive Director (303) 782-0155 kbarstnar@wmrdenver.com
NAIOP Colorado 2009 Public Policy Priorities
Colorado
Department of Transportation: Transportation Deficit Report - Prepared
Pursuant to SB-108 (June 20, 2009) All
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