BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF COLORADO

*****
IN THE MATTER OF THE APPLICATION OF
PUBLIC SERVICE COMPANY OF
COLORADO TO ADDRESS VOLUNTARY
SERVICE OFFERINGS IN THE CITY OF
BOULDER
)
)
) DOCKET NO. _
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)
VERIFIED APPLICATION OF PUBLIC SERVICE COMPANY OF COLORADO
TO ADDRESS DEMAND SIDE MANAGEMENT PROGRAMS, SOLAR*REWARDS
PROGRAMS, AND SOLAR*REWARDS COMMUNITY PROGRAM
IN THE CITY OF BOULDER, COLORADO AS A RESULT OF
BOULDER'S NOTICE OF INTENT TO ACQUIRE
INTRODUCTION
Public Service Company of Colorado ("Public Service" or "Company") hereby
applies to the Commission to address how the Company should continue to offer
electric demand side management ("DSM") programs, Solar*Rewards programs, and
the Solar*Rewards Community (community solar gardens) program to customers within
the City of Boulder, Colorado, given the City's recent action of serving the Company
with Boulder's Notice of Intent to Acquire Public Service's electric business in Boulder.
These voluntary programs provide long term benefits to the utility system. If continued
in their current form, and if the City completes its condemnation actions, then these
programs would benefit a new Boulder municipal utility and not the Public Service
system. Public Service does not believe it is appropriate for our non-Boulder customers
to subsidize a newly formed Boulder municipal utility. It is important to address now
how to avoid any subsidization of Boulder from these voluntary Public Service customer
programs.
1
PROPOSED CHANGES TO VOLUNTARY PROGRAMS OFFERED IN BOULDER
In our Application, we are requesting the Commission's permission to make the
following program modifications for our Boulder customers and we are requesting
waivers of Commission rules and modifications of past Commission orders as may be
necessary for us to implement these changes:
We request that we be authorized to include a termination provision in all of our
new Boulder Solar*Rewards contracts that would allow the Company to
terminate our obligations to purchase energy and renewable energy credits
("RECs") from our customers when and if a "cut-over date" occurs. This would
be the date the City of Boulder may assume load serving responsibility to our
customers.
We request that we be permitted to modify our Customer-Owned Small
Solar*Rewards offering for Boulder customers by making participants' contracts
"pay for performance," similar to our other Solar*Rewards offerings.
We request that we be allowed to limit new participation of Boulder customers in
our DSM programs so that the level of costs that we incur to fund new Boulder
DSM participation in each year does not exceed the DSM electric revenue
received from all of our Boulder customers in that year. Excluded from this
limitation would be our market transformation programs because of the difficulty
in tracking the geographic locations benefitted from these programs.
Public Service requests Commission approval to defer offering our
Solar*Rewards Community (community solar gardens) program to Boulder
2
customers unless and until such time as Boulder determines not to proceed with
the formation of a municipal electric utility.
RECENT ACTIONS TAKEN BY BOULDER TO FORM A MUNICIPAL UTILITY
On August 20, 2013, the Boulder City Council passed Ordinance No. 7918, an
Ordinance Authorizing the Acquisition of Property Interests Owned by Public Service
Company of Colorado, D/B/A Xcel Energy, By Negotiation and Purchase or Through the
Power of Eminent Domain, and Setting Forth Related Details. This ordinance authorizes
the Boulder City Manager to acquire the Property Interests and Assets of Public Service
in the Acquisition Area set forth in Ordinance No. 7918 by negotiation or by the exercise
of eminent domain and authorizes the city attorney to initiate condemnation
proceedings. The Authorization Area set forth in Ordinance No. 7918 includes areas
both within and beyond the City of Boulder and includes Public Service's transmission
facilities located mostly outside the City of Boulder that are used to serve customers
both within and beyond the City of Boulder.'
1 As Public Service demonstrated to the Commission in Docket No. 13D-0498E, the City has
announced its intention to serve Public Service customers outside City limits and to acquire
multiple facilities that Public Service relies upon to serve our customers both within and without
the City of Boulder. By Decisions No. C13-1350 (October 29, 2013) and C13-1550 (December
18, 2013), the Commission made it clear that customers outside Boulder city limits and all
facilities used in whole or in part to serve customers outside Boulder city limits are subject to
this Commission's jurisdiction. The Commission also ruled that Boulder must obtain
Commission approval for the transfer to Boulder of customers and facilities prior to commencing
a condemnation action. To our knowledge Boulder has not yet sought Commission approval of
any facility or customer transfer. Boulder has appealed these Commission decisions to the
Boulder District Court; the pending appeal is Case No. 2014-CV-030047.
Unless and until there is a ruling by the Commission that Public Service's service territory
certificate to serve Boulder County customers outside the city limits of Boulder is no longer
valid, Public Service has the exclusive right and obligation to serve these Boulder County
customers. As such, the Company is not asking to modify in any way the terms and conditions
of our voluntary programs to our Boulder County customers outside the city limits of Boulder.
While it is not clear from the City's Notice of Intent to. Acquire whether the City still intends to
3
On January 6, 2014, the City served Public Service with a statutory Notice of
Intent to Acquire, pursuant to C.R.S. 38-1-121. A copy of that Notice, which includes a
copy of Ordinance No. 7918, is attached as Exhibit A. A Notice of Intent to Acquire is
the first legal step required under Title 38 of the Colorado Revised Statutes that must be
undertaken by the City in order to exercise its power of eminent domain. The Notice of
Intent to Acquire does not mention DSM investments, Solar*Rewards contracts or
Solar*Rewards Community Contracts."
BACKGROUND ON COMMISSION RULINGS
WITH RESPECT TO PUBLIC SERVICE VOLUNTARY PROGRAMS
On February 17, 2012, Public Service applied to the Commission for
authorization to change the terms of the renewable energy, energy efficiency, and
voluntary green energy programs offered to customers in Boulder. We argued at that
time that the preliminary actions taken by the City of Boulder by February 2012 to form
a municipal utility provided a reasonable basis to consider our Boulder customers as no
longer similarly situated to customers elsewhere on our electric system; we argued,
therefore, that it would be appropriate to modify our voluntary program offerings to
reflect the possibility that Boulder would proceed with acquiring the Public Service
electric business in Boulder and forming a municipal utility.
serve these Boulder County customers, the Company does not agree with Boulder's assertions
that it can just "take" them through the exercise of eminent domain.
2 It is unclear whether Boulder will attempt to acquire our existing contracts under these
programs through the exercise of eminent domain. What is clear is that they will be "damaged"
by Boulder's exercise of eminent domain and Public Service will seek compensation for either
the taking or damage of them in any eminent domain proceeding. Public Service also reserves
all rights to challenge Boulder's ability to condemn all or some parts of our electric business and
to seek just compensation for all aspects of our facilities, property or business that may be taken
or damaged by Boulder's threatened condemnation. However, addressing the voluntary
programs discussed in this Application on an' ongoing basis will limit the issues that need to be
litigated in a condemnation case and best protect the Company's non-Boulder customers from
the possible risk of subsidizing a new Boulder utility. .
4
By Decision No. C12-0798 (July 13, 2012) in Docket No. 12A-155E, the
Commission dismissed Public Service's application, without prejudice, on the grounds
that the relief Public Service sought was premature at that time. The Commission relied
upon the argument raised by several parties that the Boulder City Council had not yet
made any definitive decision regarding the acquisition of Public Service's electric
distribution system. The Commission also relied upon statements by the City of Boulder
that under the Boulder City Charter it still had to demonstrate to a third party
independent expert that municipalization would be feasible as a condition precedent to
moving forward with municipalization.
As demonstrated by Exhibit A, there is now no question that this issue is ripe for
consideration by this Commission. The Boulder City Council has not only made findings
that it believes it has complied "with all conditions precedent to the acquisition of the
distribution and transmission systems described herein" and authorized the exercise of
the power of eminent domain to acquire Public Service's electric business, the City has
now taken the first legal step under state law to exercise its eminent domain powers.
Now is clearly the time for the Commission to address how our non-Boulder customers
can be protected from further subsidizing a new Boulder municipal utility.
The Notice of Intent to Acquire (Exhibit A) does not list DSM investments or
Solar*Rewards contracts as property that the City intends to acquire. City
representatives have stated that they do not intend to "take" these contracts through the
exercise of eminent domain. The problem is that a City utility will receive the benefits of
these investments merely by becoming the utility serving the City - these investments
pay for road reductions, renewable energy supply, and emission reductions that will
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benefit the City, not Public Service, upon any transfer of the service territory. Public
Service will seek compensation for these "damages" to our prior investments in the
condemnation proceedinq." The issue that we bring to the Commission's attention now
is how to avoid creating further damages or loss of benefits by continuing these
programs in Boulder under their current terms. Without some certainty that Boulder is
willing to compensate Public Service for the benefits the City will derive from these
additional investments, continuation of these programs without change in Boulder now
could result in significant subsidies flowing from our non-Boulder customers to a
Boulder municipal utility. 4 Such subsidies would definitely not be in the public interest.
Public Service has once again made an offer to the Boulder City Attorney to
continue all voluntary programs in Boulder without change if the City would commit to
compensate Public Service for the benefits that a City utility will receive from these
programs. See Exhibit B. To date Boulder has not agreed to reimburse Public Service
for any of these program expenditures.
In Decision No. C12-0798 in Docket No. 12A-155E, the Commission made it
clear that the Commission had concerns about our non-Boulder customers subsidizing
a Boulder municipal utility, but the Commission did not want to act prematurely. Action
by the Commission is no longer premature. The time to protect Public Service's non-
Boulder customers from paying for programs that benefit a Boulder municipal utility is
now.
3 As with any matter that is litigated, there is always uncertainty as to whether a party's position
will be fully accepted by the court. Therefore, Public Service believes it is imperative to limit the
Company's exposure to additional damages related to these voluntary programs.
4 To be clear, existing agreements would not be impacted by the clarifications that Public
Service is seeking in this Application.
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LEGAL AUTHORITY FOR TREATING BOULDER CUSTOMERS
DIFFERENTLY FROM NON-BOULDER CUSTOMERS
Public Service believes that the Commission has ample authority to authorize
different terms and conditions for Public Service's voluntary programs offered in Boulder
from the terms and conditions of these programs offered elsewhere in our service
territory. Under C.R.S. 40-3-106(1)(a), Public Service can have no "unreasonable
differences" in our service offerings to similarly situated customers. In light of the
passage of Ordinance No. 7918 by the Boulder City Council and the issuance of the
Notice of Intent to Acquire, we believe that for purposes of these voluntary program
offerinqs our Boulder customers are no longer similarly situated to those elsewhere on
our system, and that it would be reasonable to continue these programs in Boulder
under different terms and conditions, recognizing the loss of benefits to our electric
system if and when the City assumes electric utility responsibility for Boulder.
Public Service recognizes that we continue to have the legal obligation to serve
Boulder's electric load unless and until the City is able to form a municipal utility and
completes all necessary steps to do so. As a result, Public Service continues to plan to
serve Boulder's load reliably. However, this Application concerns voluntary programs
that provide benefits to our electric system as a whole, but also provide significant
additional benefits to the participants in the programs and the future utility serving those
participants. We are concerned that the costs that we incur for new contracts with
Boulder customers in these programs, costs which are only justified if the participant
remains a Public Service customer for the life of the applicable program, will effectiveiy
be shifted to other customers if Boulder customers depart our system due to a Boulder
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municipalization. Further, while picking up the full costs, our customers would not
receive the full benefits - the benefits would be delivered to the new Boulder utility.
LONG TERM BENEFITS PROVIDED BY THESE VOLUNTARY PROGRAMS
Public Service currently offers our retail customers payments to acquire
resources, in the form of rebates or incentives, to install on the Public Service system
retail distributed generation ("Retail DG") and various forms of demand side
management. These customer payments are offered either under long-term contracts
(for Solar*Rewards and Solar*Rewards Community)' or contracts or rebates for DSM
program applications. We provide these payments to promote energy efficiency
measures and to promote the development of Retail DG resources. These investments
help Public Service to avoid alternative forms of generation that would otherwise be
required to serve our customer load. The costs of these payments are funded by all
retail customers, whether or not they participate in the programs or are recipients of the
payments because the retail customers are served by the utility system that receives
the long-term benefits of these programs.
If the City of Boulder acquires Public Service's electric business in Boulder, the
City, not Public Service and our non-Boulder customers, will be the long-term
beneficiary of the load reduction benefits and solar generation acquired by the payment
of solar incentives and DSM rebates. Our concerns regarding our Boulder customers'
participation in these programs are exacerbated by the fact that our Boulder customers
have already participated in these programs at a higher rate than customers elsewhere
on our retail system. For example, the City of Boulder constitutes approximately 4.4% of
our total retail revenue, but approximately 100/0 of our Solar*Rewards dollars and
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approximately 5.2% of our DSM dollars were spent in 2011 to provide programs and
incentives to Boulder customers, including to the City of Boulder itself. In 2012 the
corresponding percentages were 5A> of our Solar*Rewards dollars and 5.4% of our
DSM dollars were spent in Boulder. In the past this level of participation was not of
concern - indeed, it was welcome. But now it is not appropriate to continue to provide
these subsidies to Boulder, particularly if Boulder follows through with its plan, Public
Service's customers will no longer receive the solar energy or receive the energy
efficiency and demand reduction benefits for which they would be paying.
Moreover, given the limited funds available for these programs, these funds
should be directed to customers who will stay on and benefit from the Public Service
system, not to customers who are planning to leave. That being said, our preferred
approach remains to find a way to continue these programs in Boulder under
reasonable terms and conditions, recognizing the uncertainty created by the City's
actions.
DETAILS OF VOLUNTARY PROGRAMS AND
CHANGES REQUESTED FOR BOULDER CUSTOMERS
We address next the voluntary programs that Public Service currently offers in
Boulder that would be affected by any new Boulder municipal electric utility and we set
forth the changes to these programs that we request the Commission to authorize.
A. Solar*Rewards
Public Service offers the Solar*Rewards program to encourage our customers to
install retail distributed generation' upon which Public Service relies as a generation
resource to serve our system load and upon which Public Service relies to meet our
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obligations under the state Renewable Energy Standard. "Retail distributed generation"
is defined under C.R.S. 40-2-124 (1)(a)(VIII), in pertinent part, as follows:
"Retail distributed generation" means a renewable energy resource that is
located on the site of a customer's facilities and is interconnected on the
customer's side of the utility meter. In addition, retail distributed generation shall
provide electric energy primarily to serve the customer's load and shall be sized
to supply no more than one hundred twenty percent of the average annual
consumptions of electricity by the customer at that site....
Under our Solar*Rewards program, we pay incentives for the installation of
photovoltaic ("PV") panels for long-term generation and delivery of solar energy into our
system and we contract for the Renewable Energy Credits ("REC") from this resource.
Participating retail customers contract with Public Service under Commission approved
requirements that customers leave the solar panels in place for twenty (20) years (1) to
provide the energy that Public Service would otherwise be required to serve, and (2) to
produce RECs for Public Service to use toward meeting compliance with the
Renewable Energy Standard. These Commission approved requirements are
established in periodic Renewable Energy Standard Compliance Plans approved by the
Commission. Commission Rules 3656(f) and (g) and Rules 3658(f)(VII)(A) and (8)
require minimum terms of twenty (20) years for these contracts. Thus, incentives for
solar panel installations are given to obtain long-term generation at a site in our service
territory and to obtain RECs.
In addition to the underlying assumptions for retail distributed generation ("Retail
DG") contracts, it is important to remember that Public Service's ability to acquire
Eligible Energy Resources (renewable resources) is capped, by statute, by the "retail
rate impact" limit. C.R.S. 40-2-124(1)(g)(1)(A) provides that customer bills may be
raised by a maximum of two percent to pay for the incremental cost of renewable
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energy. In other words, there are limited funds available for acquiring Retail DG and
while the Company is permitted to and has developed a negative RESA balance, the
Company's goal is to reduce that balance. While some of our Solar*Rewards programs,
including those for customer-sited PV systems from third-party PV developers, are
structured as "pay for performance" programs, our Customer-Owned Small 10kW)
Solar*Rewards program is still front-end loaded, paying REC incentives over ten (10)
years for twenty (20) years of RECs. Given that all of our Solar*Rewards offerings are
predicated upon customers (or successors) remaining on our system for twenty (20)
years, we are proposing the following changes to our Solar*Rewards program offerings
for Boulder customers:
We request that we be authorized to include a termination provision in our new
Boulder Solar*Rewards contracts that would allow us to terminate obligations
(other than certain provisions that should survive a termination such as the
obligation to make final payment) upon a "cut-over date" - that is, on such date
as the City of Boulder may assume load serving responsibility to our customers
in Boulder." We believe that the termination right may already be implicit in our
aqreernents." However, we believe that an express termination provision will
provide clarity to both the Company and customers in the event the "cut-over
date" occurs. This approach allows for continued participation in our program by
5 Public Service will be able to use the RECs that we acquire from Boulder customers prior to
termination for compliance with the Retail DG standard even after these contracts are
terminated. Under Commission rules, the RECs have a shelf-life of the year in which they are
generated plus five years.
6 Our applicable contracts are predicated upon our customers continuing to be our retail
customer's, a requirement that will be impossible for Boulder customers to meet in the event that
Boulder becomes their retail supplier.
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our Boulder customers in the meantime, but assures that the Company's
obligation is over in the event these customers leave our system.
All our Boulder Solar*Rewards programs, except our Customer-Owned Small
10kW) Solar*Rewards program, utilize "pay for performance" contracts based
on a twenty (20) year schedule. We request that we be permitted to modify our
Customer-Owned Small 10kW) Solar*Rewards offering in the City of Boulder to
make it also a pure "pay for performance" contract, with the contract terminating
at the cut-over date to a Boulder municipal electric utility. If our Boulder contracts
are modified in this way, we can avoid the potential problem of being contracted
to make payments for benefits that we will not receive.
In order for the Commission to authorize these requested program modifications,
it will need to waive certain Renewable Energy Standard rules, Rules 3650 et seq. We
ask for such waivers as may be required to allow our request to become effective. In
particular, we ask for waiver of Rules 3656(f) and (g), and 3658(f) (VII)(A) and (B) to the
extent that they would otherwise require twenty (20) year contracts without a termination
right, and Rules 3658(e) and (f) to the extent that they would preclude treating Boulder
customers differently from other customers for purposes of the Solar*Rewards
programs.
B. DSM Programs
The rationale for establishing demand side management rebates is that these
DSM investments are reducing resource costs that would otherwise be incurred by
Public Service to serve Public Service load, and, therefore, all customers benefit from
the payment of these rebates, whether or not they directly participate in the programs.
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The Colorado General Assembly has endorsed the goal of minimizing the net present
value of revenue requirements by the establishment of energy savings and peak
reduction goals to "implement cost-effective electricity DSM programs to reduce the
need for additional resources." See C.R.S. 40-3.2-104. This public policy is likely to
produce benefits over time, although where a utility is "long" on generation as Public
Service presently is, the benefits may be delayed. These DSM rebate payments are
made to our customers to reduce or manage their electricity consumption, because over
time it would be more expensive to install and operate generation to serve that same
consumption.
However, not every DSM measure qualifies for rebates under our programs.
Qualifying DSM programs must be determined to be cost effective and in the public
interest by meeting the modified Total Resource Cost test. Simply stated, this test
compares the costs of a measure aga.inst its projected benefits over the expected life of
the measure. The lives of the DSM measures offered in our programs vary in length
with an average life of approximately twelve (12) years - well beyond the point where
Boulder hopes to begin to operate its own municipal utility. Because we typically pay
rebates for DSM measures soon after installation and because our payments are
intended to achieve long-term benefits, we are not indifferent as to where we implement
these measures.
Consequently, Public Service has a concern about continuing open-ended DSM
investments in Boulder, unless the City agrees to compensate Public Service for the
load reduction benefits that will accrue to a Boulder utility. Because Boulder has not
agreed to date to provide any compensation to Public Service with respect to these
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programs, Public Service requests that we be authorized to limit the total amount of our
ongoing DSM investment in Boulder in each year to the total amount of DSM-related
revenue that we receive from our Boulder customers in each year.
Given that we have limited resources to implement these programs, it is
appropriate for us to direct the available resources that we have to achieve the public
policy goals underlying these programs toward those of our customers who have not
expressed an interest in possibly departing our system. For this reason, one could
rationally conclude that we should seek to terminate our DSM offerings to our Boulder
customers in their entirety at this time. However, it is still not yet a certainty that Boulder
will in fact depart from our system. We would rather avoid the disruption in our program
efforts in Boulder until that certainty is known, so long as we can do so in a manner that
minimizes the risk of our non-Boulder customers subsidizing a Boulder utility.
We have developed our proposal relating to our DSM program offerings to
balance these two competing factors. Under our proposal, we would continue to allow
Boulder customers to participate in our DSM programs, but subject to limitation. In this
manner we avoid the disruption that might occur were we to terminate the programs
completely in Boulder, but at the same time lessen the potential level of cost shift that
could result from a business as usual approach were we not to modify our programs.
We are excluding from our proposal market transformation programs such as
home lighting and computer efficiency, due to the nature of the retail delivery
mechanism and upstream incentive payment. In short, there is little we can do to avoid
Boulder customers from participating in these programs without creating additional
burdens on our delivery vendors.
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C. Solar*Rewards Community (Solar Gardens)
By statute, the community solar garden must sell the output from the community
solar garden to the utility that has the service territory in which the garden is located.
See C.R.S. 40-2-127(5)(b)(I). The utility is required to pay for the energy output from
the solar garden through bill credits. If Boulder forms a municipal electric utility, any
community solar garden located in Boulder would have to sell its output to the City and
the City would have to issue the bill credits. Because of the uncertainty of which utility
(Public Service or the City) would ultimately serve in Boulder once any new community
solar gardens were constructed in Boulder, Public Service should not reasonably enter
into any new contracts with community solar gardens in Boulder or with any community
solar gardens that have subscribers who live within Boulder, because of our inability to
covenant that we will be able to meet any long term contractual obligations with the
gardens and/or their subscribers.
We also note that there are always limited funds available for community solar
gardens. Public Service has proposed to acquire 6.5 MW of new solar gardens in our
2014 Renewable Energy Standard Compliance Plan, pending in Commission Docket
No. 13A-0836E. Given our belief that interest by other communities will exceed this
level, we believe that our focus should be on awarding slots in this program to
community solar gardens that are expected to remain in our service territory.
CONCLUSION
Public Service would like to continue to offer our voluntary programs in Boulder
uninterrupted. In order to do so, we need the cooperation of the City of Boulder in
reaching an agreement that the City will assume all remaining contractual obligations
15
and compensate Public Service for any benefits received under these programs.
Given the City's repeated offers in Docket No. 13D-0498E of its willingness to
work with the Commission to effectuate a smooth transition of electric service in Boulder
from Public Service to the City,' Public Service is hopeful that we will not need to restrict
our programs in Boulder. If Boulder were to agree to assume Public Service's
obligations under these voluntary programs if and when electric service in Boulder is
provided by a Boulder municipal utility, Public Service would be willing to withdraw this
Application.
However, until Boulder shows such willingness to assume the obligations to pay
for the benefits that a Boulder utility would receive from these voluntary programs,
Public Service respectfully requests that the Commission authorize the Company to
modify these program offerings in Boulder in the manner set forth in this Application.
INFORMATION REQUIRED BY RULE 3002(b) AND (c)
1. Name and Address of Applicant. The Applicant is Public Service Company
of Colorado. Public Service's principal office is located at 1800 Larimer
Street, Suite 1400, Denver, Colorado 80202.
2. Name Under Which Applicant will Provide Service in Colorado. All
operations conducted by the Company in Colorado shall be conducted under
the name of Public Service Company of Colorado d/b/a Xcel Energy.
3. Representatives to Whom Inquiries Concerning the Application Should
be Made. Copies of all notices, other correspondence, and all inquiries
concerning this Application should be sent to:
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Robin Kittel
Director, Regulatory Administration
Xcel Energy Services Inc.
1800 Larimer Street, Suite 1400
Denver, Colorado 80202-5533
Telephone: (303) 294-2242
Email: robin.kittel@xcelenergy.com
and
Paula M. Connelly, #14451
Managing Attorney
William M. Dudley, #26735
Assistant General Counsel
Xcel Energy Services Inc.
1800 Larimer Street, Suite 1100
Denver, Colorado 80202-5533
Telephone: (303) 294-2222 (Connelly)
(303) 294-2842 (Dudley)
Email: paula.connelly@xcelenergy.com
bill.dudley@xcelenergy.com
4. Agreement to Comply with 4 CCR 723-3002(b)(IV)-(VI). Public Service has read,
and agrees to abide by, the provisions of 4 CCR 723-3002(b)(IV)-(VI).
5. Description of Existing and General Colorado Service Area.
-Public Service provides electric and gas public utility service in numerous areas
throughout the State of Colorado. The Company also provides steam utility service
within the downtown area of Denver. A full listing of Public Service's existing
operations and service area is set forth in Public Service's tariffs on file with the
Commission.
6. Location of Hearing. The Company seeks a ruling on this application without
hearing. However, if a hearing is held on this Application, Public Service prefers
that the hearing be held at the Commission's offices in Denver, Colorado.
17
7. Acknowledgment. Public Service has read and agrees to abide by the provisions
of 4 CCR 723-3002(b)(XI)(A)-(C).
8. Statement Under Oath. The undersigned counsel for Public Service states under
penalty of perjury that the contents of the Application are true, accurate, and
correct.
9. Information Required by Rule 3002(c). Public Service hereby incorporates by
reference the following information, which is on file with the Commission in Docket
No. 06M-525EG:
a. A copy of Public Service's Amended Articles of Incorporation, which was last
filed on October 3, 2006;
b. The name, business address and title of each of Public Service's officers and
directors, which was last filed on September 23, 2011;
c. The names and addresses of affiliated companies that conduct business with
Public Service, which was last filed on March 23, 2011;
d. The name and address of Public Service's agent for service of process, which
was last filed on October 3, 2006.
e. A copy of Public Service's most recent audited balance sheet, income statement,
statement of retained earnings and statement of cash flows was last filed on April
11,2013.
18
Dated this 28th day of January, 2014.
Respectfully submitted,
y: ~ /h, ~
Paula M. Connelly, #14451
Managing Attorney
William M. Dudley, #26735
Assistant General Counsel
Xcel Energy Services Inc.
1800 Larimer Street, Suite 1100
Denver, Colorado 80202-5533
Telephone: (303) 294-2222 (Connelly)
(303) 294-2842 (Dudley)
Fax: (303)294-2988
Email: paula.connelly@xcelenergy.com
bill.dudley@xcelenergy.com
Attorneys for Public Service Company
of Colorado
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BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
* * * * *
IN THE MATTER OF THE APPLICATION OF
PUBLIC SERVICE COMPANY OF
COLORADO TO ADDRESS VOLUNTARY
SERVICE OFFERINGS IN THE CITY OF
BOULDER
)
)
) DOCKET NO. _
)
)
VERIFICATION
STATE OF COLORADO )
CITY AND COUNTY OF DENVER) SS:
I, Paula M. Connelly, being duly sworn, do hereby depose and state that I am the
attorney for Public Service Company of Colorado, Applicant in the foregoing Application.
Under penalties of perjury, I declare that all statements made in the Application are true,
accurate and correct.
.. /
Subscribed and sworn to before me this 28
th
day of January, 2014.
'.
My Commission expires:
YRENEANUf=Jez
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 19874149394 I
MYCOMMISSION EXPIRES SEPTEMBER 28.2016