BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

PROCEEDING NO. 16A-0396E

IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF

COLORADO FOR APPROVAL OF ITS 2016 ELECTRIC RESOURCE PLAN

COALITION OF RATEPAYERS MOTION TO INTERVENE AND COMMENTS ON

THE STIPULATING PARTIES PROPOSED PROCEDURAL SCHEDULE

The Coalition of Ratepayers (Ratepayers), an unincorporated association of energy

consumers,1 by and through its undersigned attorney and pursuant to Rules 1401(a) and (c) of the

Public Utilities Commission of the State of Colorados (Commission) Rules of Practice and
Colorado PUC E-Filings System

Procedure, respectfully requests an order from the Commission granting its intervention in the

above-captioned proceeding. The Ratepayers also submit these comments on the proposed

procedural schedule of the Stipulating Parties.

As grounds for this motion, the Ratepayers state as follows:

This proceeding and the proposed Colorado Energy Plan will have a substantial impact on
the pecuniary and tangible interests of members of the Coalition of Ratepayers.

1. The Coalition of Ratepayers is an unincorporated association of businesses and

non-profit entities authorized and in good standing to transact business within Colorado. All of the

Coalition of Ratepayers members are employers that operate businesses within the service

territory of Public Service Company of Colorado (PSCo or the Company) and purchase

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The Coalition of Ratepayers members are comprised of business and commercial customers of
PSCo. For purposes of this proceeding, the members include: The 88 Drive-In Theatre, LLC, All
Recycling, Inc., Andersens Sales and Salvage, Inc., Auto Collision Specialists of Greeley, Inc.,
Independence Institute, Radio Station KFKA, LLC, Leanin Tree, Inc., Meyer Direct, Inc., Wells
Ranch, LLLP, Wells Trucking, LLC, and Westlake Wine & Spirits, Inc. Coalition of
Ratepayers members may change over time as its members interests may appear.
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electricity and related energy services from PSCo. The Ratepayers Coalition includes members

that are primarily small businesses with a range of electricity usage, including agricultural and

commercial consumers. They are small businesses that are not sufficiently large to negotiate

independent rates with PSCo.

2. On May 27, 2016, PSCo filed an application seeking approval of its 2016 Electric

Resource Plan (ERP) and the accompanying assumption and studies related to the ERP. On

March 23, 2017, the Commission issued a Phase I decision granting PSCOs application with

modifications (the Phase I Decision).

3. On August 29, 2017, PSCo, the Colorado Public Utilities Commission Staff

(Staff), the Colorado Office of Consumer Counsel (OCC), the Colorado Energy Office

(CEO), the City of Boulder (Boulder), Climax Molybdenum Company (Climax), the

Colorado Energy Consumers Group (CEC), Colorado Independent Energy Association

(CIEA), the Colorado Solar Energy Industries Association (COSEIA), Interwest Energy

Alliance (Interwest), Invenergy, LLC (Invenergy), Southwest Generation Operating

Company, LLC (SWG), Rocky Mountain Environmental Labor Coalition and Colorado

Building and Construction Trades Council, AFL-CIO (jointly, RMELC/CBCTC), Vote Solar,

and Western Resource Advocates (WRA) (collectively, the Stipulating Parties), entered into

a non-unanimous settlement agreement. The non-unanimous settlement agreement proposes an

entirely new resource portfolio that was not addressed in PSCos original application or approved

by the Commission in the Phase I Decision.

4. The plan, called the Colorado Energy Plan (CEP), contemplates the voluntary

early retirement of an existing 660 MW of coal-fired generation resources associated with

Comanche Unit 1 and Unit 2. The CEP also contemplates full cost recovery for PSCo for the early

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retirement, the costs of which will be borne by Colorado consumers. If approved, the CEP would

result in a new portfolio plan that was not subject to review and discovery as part of Phase I of this

proceeding.

5. This proceeding will determine how PSCo acquires future generation resources.

The decision made in this proceeding will have a direct result on the electricity rates paid by

members of the Ratepayers Coalition and the cost of doing business in this state. Accordingly, the

outcome of this proceeding substantially affects the pecuniary and tangible interests of the

members of the Ratepayers Coalition. If the CEP is adopted, it is anticipated that it will have an

adverse impact on the electricity rates of members of the Ratepayers Coalition and the cost of

doing business in Colorado. The proceeding has a direct and substantial impact on the interests of

the Ratepayers Coalition.

No other party represent the interests of the Ratepayers Coalition.

6. The objective of the Ratepayers Coalition is to obtain the most economical, reliable

electricity produced by a fuel mix that complies with state and federal law. These interests are not

represented by any current party to this proceeding. Commission Staff is statutorily charged with

exploring and promoting alternative and renewable energy development that may not result in the

most economical, least cost electricity. 40-2-123(1), C.R.S. The OCC is statutorily charged with

representing both the broad public interest and to the extent consistent therewith, the specific

interests of residential consumers, agricultural consumers, and small business consumers .

40-6.5-104, C.R.S. The public interest is undefined and may include interests that are not aligned

with the Coalitions goal of obtaining the most economical, reliable electricity for consumers (e.g.,

policy interests to reduce carbon output or achieve specific economic development plans).

Moreover, these parties, as well as the other Stipulating Parties, are partners to a settlement that

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the Ratepayers Coalition oppose because it is not supported by the record evidence, and, if

approved, would likely result in an increase in consumer rates.

This intervention will advance the just resolution of this proceeding.

7. Members of the Coalition of Ratepayers and the general public are entitled to vet

and meaningfully review the full cost impact of the CEP. The Stipulating Parties join in the claim

that the CEP may result in lower costs to PSCos customers. The assumptions underlying this bold

claim are entirely untested and unsupported by the existing record. In order for the Commission to

make a reasoned decision in this case, it must thoroughly explore the full stranded costs of early

retirement of Comanche Unit 1 and 2, the cost of new resource acquisition, transmission costs

associated with new resources, the potential adverse impact to employment from plant closures in

the Pueblo, CO area, and other cost impacts of the CEP.

8. The nature and quantity of any evidence to be presented by the Ratepayers is not

yet known. However, Ratepayers intend to scrutinize the CEP. The Ratepayers also believe it will

be necessary to conduct meaningful discovery on the assumptions underlying the CEP and hold a

hearing on the new plan. As the interests of the associations members continue to develop and

appear in the course of this proceeding, the Ratepayers reserve the right to participate accordingly.

The Ratepayers Motion is Compliant and Legally Adequate.

9. This intervention request is timely filed pursuant to the Decision C17-0730-I,

issued by the Commission on September 6, 2017.

10. Copies of pleadings, notices, exhibits and all other documents or materials in this

proceeding should be served on the Ratepayers as follows:

Shayne Madsen, Attorney No. 8750

Meredith Kapushion, Attorney No. 36772
Madsen & Associates
7441 Old Mill Trail
Boulder, CO 80301

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 Shayne.madsen1@gmail.com
MKapushion@COLawyer.net
(ph) 303-588-1693

Comments on the Procedural Schedule

Pursuant to the Commissioners discussion at the September 13, 2017 Weekly Meeting,

the Ratepayers submit these comments on the procedural schedule related to the CEP.

11. The CEP is an entirely new portfolio that was not addressed in the Phase I decision.

The CEP is not supported by the record evidence in this proceeding or the Phase I decision. Nor

does the CEP appear to be supported by the data required in the Commissions ERP Rules.

12. Notwithstanding and without waiving any of its rights, if the Commission does not

reject the CEP, the Ratepayers request that the Commission issue a procedural schedule that allows

supplemental direct on the CEP, time to conduct meaningful discovery, time to develop intervenor

testimony regarding the plan, and time to conduct an evidentiary hearing.

13. As acknowledged by the Commissioners on September 13, 2017, the Stipulating

Parties proposed procedural schedule would not provide meaningful opportunity to review the

CEP. The originally proposed consensual schedule provided almost 3 months between PSCos

supplemental filing and answer testimony.2 Assuming shortened discovery deadlines of 7 calendar

days for response times, the Ratepayers recommend 3 months between PSCos supplemental filing

and the intervenor testimony date. Assuming PSCo files its supplemental testimony in early to

mid-October, this would mean an intervenor testimony date of early to mid-January.

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Public Service Company of Colorados Proposed Consensual Procedural Schedule (Sept. 13, 2016).

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 The Coalition of Ratepayers respectfully requests an order from the Commission

granting its intervention in this proceeding, as well as an order consistent with the procedural

schedule referenced above.

Respectfully submitted this 20th day of September, 2017.

/s/ Shayne Madsen

_____________________________________
Shayne Madsen, #8750
Meredith Kapushion, #36772
Madsen & Associates, P.C.
7441 Old Mill Trail
Boulder, CO 80301
Shayne.madsen1@gmail.com
MKapushion@COLawyer.net
(ph) 303-588-1693

ATTORNEYS FOR COALITION OF RATEPAYERS

Certificate of Service

I hereby certify that a true and correct copy of the foregoing instrument has been served in
accordance with the governing procedural orders to all parties of record in this proceeding via the
Public Utilities Commission E-Filing system this 20th day of September, 2017.

_/s/ Sally Kline________________________

Sally Kline

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