Commissioner's Weekly Meeting - October 8, 2025

Call to Order and Attendance

(*Name or role uncertain, unclear, or incomplete)

• Attendance:
  • Commissioners:
    • Eric Blank (Chairman)
    • Commissioner Gilman
    • Commissioner Plant
  • Staff:
    • Darrell Branson (Commission Advisory Staff)
    • Mr. Eden* (Commission Advisory Staff)
    • Lindsey Dundas (Commission Counsel)
    • Kayla Marcella (Staff)
    • Kimber Davis (Advisory Staff)
    • Ron Davis (Advisory Section)

Approval of Consent Agenda

• Discussion (approx. <1 min): Chairman Blank called for a vote on the consent agenda.
• Motion: Commissioner Gilman moved to approve the consent agenda. Chairman Blank and Commissioner Plant concurred. The motion passed unanimously.

Public Comments

• Leslie Glustrum:
  • Discussion (approx. 7 mins): Ms. Glustrum spoke about a federal coal lease sale in Cheyenne, Wyoming, scheduled for that day. She argued that the geology of the Powder River Basin makes future coal mining economically unviable. The coal beds slant downwards, requiring miners to dig significantly deeper (280 feet) than current equipment allows (200 feet), which would be prohibitively expensive. She connected this to past decisions by the Colorado Commission, criticizing prior commissioners for approving long-term coal plants without adequate analysis of the long-term fuel supply chain, citing several dockets (OH6S234EG, 08S 520E, 09 AL299E) where Xcel Energy allegedly failed to conduct such analyses. Ms. Glustrum characterized this as imprudent decision-making and urged the current Commission to focus on forward-looking energy architecture rather than relying on what she termed "20th century models and 20th century thinking."

Presentations and Docket Items

Amendments to Rules Regarding Relay Service and Implementing House Bill 1154

• Presenter: Darrell Branson, Commission Advisory Staff
• Discussion (approx. 3 mins):
  • Mr. Branson presented a draft notice of proposed rulemaking to implement House Bill 1154.
  • The bill moves the administration of Telecommunications Relay Services (TRS) from the Commission to the new Communication Services for People with Disabilities Enterprise, housed within the Colorado Department of Human Services (CDHS).
  • It also renames the funding mechanism to the Telephone Disability Access Surcharge.
  • The Commission's authority regarding the Americans with Disabilities Act of 1990 is also being amended.
  • Draft rules were circulated to stakeholders, and only one non-substantive comment was received and incorporated.
• Staff Recommendation: Open a proceeding, issue a Notice of Proposed Rulemaking, and refer the matter to an administrative law judge.
• Decision: The Commissioners unanimously agreed with the staff recommendation. This was processed as an ABC (Approved By Commissioners) decision.

Proceeding 21A0141E: Holy Cross Application for Rehearing, Re-argument, or Reconsideration

• Presenter: Mr. Eden*, Commission Advisory Staff
• Discussion (approx. 4 mins):
  • Holy Cross filed a request for reconsideration regarding the Commission's Near Term Procurement (NTP) decision.
  • Holy Cross seeks to acquire resources through the NTP solicitation, based on a settlement in the 2021 Electric Resource Plan Clean Energy Plan (ERP CEP), and wants confirmation that parties cannot comment on its general ability to do so.
  • The Commission's decision had allowed parties to comment on Holy Cross's proposal when the NTP report is filed.
• Staff Recommendation: Reject Holy Cross's reconsideration request. Staff advised construing the filing as a motion for reconsideration or clarification and denying it. The rationale is that the NTP decision is not a final Commission decision, making the request procedurally improper. Substantively, allowing party feedback is prudent because the NTP is materially different from the Just Transition Solicitation contemplated in the original settlement.
• Decision: The Commissioners unanimously agreed with the staff recommendation.
• Motion: An ABC order was issued to construe the filing as a motion for reconsideration and deny it.

Proceeding 23A063: Black Hills' Application for Approval of its 2024-2028 Clean Heat Plan

• Presenter: Lindsey Dundas, Commission Counsel
• Discussion (approx. 3 mins):
  • The Colorado Energy Office (CEO) filed a motion requesting a pre-hearing conference to clarify the Commission's intentions regarding new fact testimony and legal questions at the upcoming hearing.
• Staff Recommendation: Deny the request for a pre-hearing conference due to scheduling unavailability for all three Commissioners. Staff recommended addressing the CEO's questions in a written decision:
  • The Commission will not solicit new factual evidence but may question witnesses on modifications to proposals already in the record.
  • The Commission will not solicit legal opinions from non-lawyer expert witnesses; legal issues can be addressed in post-hearing statements of position.
• Decision: The Commissioners unanimously agreed with the staff recommendation.
• Motion: An ABC decision was issued to deny the motion and address the CEO's questions as recommended by staff.

Proceeding 25 AL 0380E: Public Service Company Tariff Correction

• Presenter: Kayla Marcella, Staff
• Discussion (approx. 2 mins):
  • Public Service Company of Colorado filed to correct a typographical error in its Electric Affordability Program (EAP) tariff sheets.
  • An outdated table of charges was inadvertently included in a prior filing (25 AL0294E).
  • The correction has no impact on billing or revenue.
• Staff Recommendation: Staff recommended that the advice letter take effect through operation of law.
• Decision: The Commissioners unanimously agreed.

Proceeding 25A022 OG: Public Service Company Gas Infrastructure Plan

• Presenter: Kimber Davis, Advisory Staff
• Discussion (approx. 2 mins):
  • Staff requested that Commissioners identify any witnesses who could be excused from the October 10th technical conference and raise any additional areas of interest.
  • Commissioner Gilman stated she would not have questions for witnesses Eric Copier and Kyle Purcell.
  • Commissioner Gilman expressed interest in understanding how proposed changes to negative net salvage costs in a separate proceeding might impact the cost-benefit analysis in this case.
  • Chairman Blank and Commissioner Plant confirmed they also had no questions for Mr. Copier or Mr. Purcell.
• Decision: No formal order was issued; it was noted that the company was listening and received the message.

Proceeding 25A0345E: Appeal of Local Land Use Decision for Albert County

• Presenter: Lindsey Dundas, Commission Counsel
• Discussion (approx. 4 mins):
  • Bar E Ranch and Land Holdings, LLC, a landowner whose property is on the proposed project pathway, filed a motion for intervention.
  • Public Service filed a reply opposing the intervention and a motion to strike it.
• Staff Recommendation: Grant Bar E Ranch's motion for permissive intervention, as its land ownership establishes a relevant interest that will aid the evidentiary record. Staff also recommended denying Public Service's motion to strike as moot.
  • Additionally, staff recommended extending the deadline for filing a consensus procedural schedule from October 15 to October 17 to allow Bar E Ranch to participate in discussions.
• Decision: The Commissioners unanimously agreed with the staff recommendation.
• Motion: An ABC decision was issued granting the intervention, extending the procedural schedule deadline, and modifying the prior week's order accordingly.

Proceeding 25A0367E: Public Service Company CPCN for Solar Plus Storage

• Presenter: Ron Davis, Advisory Section
• Discussion (approx. 4 mins):
  • Public Service filed an application for a Certificate of Public Convenience and Necessity (CPCN) for a 250 MW solar facility paired with a 200 MW battery storage system at its Pawnee Generation Station.
  • The project is an activated backup bid from the 2021 ERP. The company is maintaining its original "as bid" cost estimate.
  • The expected commercial operation date is December 28, 2027.
  • The Utility Consumer Advocate (UCA), Climax Molybdenum Co., and Commission Staff have all filed for intervention.
• Staff Recommendation: Deem the application complete and refer the matter, including the three interventions and a Motion for Extraordinary Protection, to an administrative law judge.
• Decision: The Commissioners unanimously agreed with the staff recommendation.

Adjournment

• After concluding the agenda, Chairman Blank asked for final comments. None were offered.
• The meeting was adjourned without a formal motion.