BEFORE THE PUBLIC UTILITIES COMMISSION

STATE OF COLORADO
Proceeding No. 16A-0117E

IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE

COMPANY OF COLORADO FOR APPROVAL OF THE 600 MW RUSH
CREEK WIND PROJECT PURSUANT TO RULE 3660(H), A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY FOR THE RUSH CREEK
WIND FARM, AND A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE 345 KV RUSH CREEK TO MISSILE SITE
GENERATION TIE TRANSMISSION LINE AND ASSOCIATED FINDINGS
OF NOISE AND MAGNETIC FIELD REASONABLENESS.

Colorado PUC E-Filings System

STAFFS PRELIMINARY RESPONSE TO PUBLIC SERVICES MOTION

FILED ON MAY 13, 2016
Trial Staff of the Colorado Public Utilities Commission (Staff), by and
through its counsel, the Colorado Attorney General, files its Preliminary Response
to Public Service Company of Colorados Motion to Shorten Notice and Intervention
Period to 14 Days, Adopt Procedural Schedule, Expedite Review of the Application,
Requesting Waivers, Requesting Modified Response Time, and Requesting to Revise
Caption (the Motion) filed on May 13, 2016. In its Motion, Public Service requests
that intervening parties file responses to the Motion along with their intervention
by June 1, 2016.1
The purpose of this Preliminary Response is to identify two additional
matters that may be beneficial for the Commission to consider and intervening

Motion at 2, 5.

parties to provide comments on in their responses and interventions.2 Staff files this
Preliminary Response in order to highlight the following two issues:
First, Public Services Motion requests an expedited schedule in order to
reach a Commission decision by November 10, 2016. Staff is concerned that the
scope of the Proceeding envisioned by the Company, in particular the Companys
request for the Commission to establish a baseline of how the net economic benefit
is to be calculated for future Rule 3660(h) filings, may be beyond what is necessary
or appropriate for the Commission to consider in this proceeding, especially in light
of its expedited nature.3 Staff recommends the Commission request input from
intervening parties on this issue to be filed along with their responses and
interventions.
Second, due to the expedited nature of the proceeding, Staff seeks guidance
from the Commission on available and preferred hearing dates in the event the
Commission intends to accommodate the November 10, 2016 decision date proposed
by Public Service. Since Public Services proposed procedural schedule turns on the
requested Commission decision date, it may be beneficial for intervening parties
when commenting on the proposed schedule to know the date(s) in which the
Commission prefers to hear the matter in order to issue a decision by the proposed
date. Such guidance could go a long way in assisting the parties as they respond to

Staff intends to file its response to the Companys Motion and reserves its rights to offer additional
comments in its response in accordance with such procedures and schedules as the Commission
establishes.
3 Application at 8.
2

the Companys proposal and at some point attempt to negotiate a consensus

procedural schedule.
In light of the condensed nature of this proceeding, Staff believes addressing
these two matters in advance of any responses and interventions would assist in
resolving procedural issues in a timely and efficient manner beneficial to both the
Commission and parties.

DATED this 17th day of May, 2016.

Respectfully submitted,
CYNTHIA H. COFFMAN
Attorney General
/s/ David M. Nocera
.
David M. Nocera, 28776*
Senior Assistant Attorney General
Kristen L. Fischer, 46119*
Assistant Attorney General
Revenue and Utilities Section
Attorneys for Trial Staff of the
Public Utilities Commission
Ralph L. Carr Colorado Judicial
Center
1300 Broadway, 8th Floor
Denver, Colorado 80203
Telephone: (720) 508-6333 (Nocera)
Telephone: (720) 508-6762 (Fischer)
Fax: (720) 508-6038
Email: dave.nocera@coag.gov
Email: kristen.fischer@coag.gov
*Counsel of Record

CERTIFICATE OF SERVICE
This is to certify that on this 17th day of May 2016, I have duly served the
within STAFFS PRELIMINARY RESPONSE TO PUBLIC SERVICES MOTION
FILED ON MAY 13, 2016 upon all parties herein via the Commissions E-Filing
system to:
William Dudley
Chris Irby
Gregory Sopkin
Matthew Larson
Caitlin Shields
Paul Gomez
** Gene Camp
**Sharon Podein
**Bill Dalton
**Mimi Xavier

**Paul Caldara
Ron Davis
Bob Bergman
Keith Hay
Joel Hendrickson

Bill.Dudley@xcelenergy.com
Christopher.M.Irby@xcelenergy.com

gsopkin@wbklaw.com
mlarson@wbklaw.com
cshields@wbklaw.com

Paul.Gomez@coag.gov
gene.camp@state.co.us
sharon.podein@state.co.us
bill.dalton@state.co.us
mimi.xavier@state.co.us
Paul.Caldara@state.co.us
Ron.Davis@state.co.us
Bob.Bergman@state.co.us
keith.hay@state.co.us
Joel.Hendrickson@state.co.us

Public Service
Public Service
Public Service
Public Service
Public Service
Commission Counsel
Trial Staff
Trial Staff
Trial Staff
Trial Staff
Trial Staff
Advisory Staff
Advisory Staff
Advisory Staff
Advisory Staff

/s/ Melvena Rhetta-Fair

DENOTES PERSONS ELIGIBLE TO RECEIVE CONFIDENTIAL PROPRIETARY INFORMATION PURSUANT TO THE

COMMISSIONS RULES ON CONFIDENTIALITY, 4 CCR 723-1100-1102

**