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Regulations Incorporated by Reference in PUC Rules

Any material incorporated by reference in our Rules may be examined at the offices of the Commission, 1560 Broadway, Suite 250 , Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays. Certified copies of the incorporated standards shall be provided at cost upon request. The Director or the Director’s designee will provide information regarding how the incorporated standards may be examined at any state public depository library.

Regulations Incorporated into PUC Rules

4 CCR 723-1

Part 1 - Rules of Practice and Procedure


1004. Definitions.
The following definitions apply to all Commission rules, except where a specific rule or statute provides otherwise:

(g)    "Colorado Rules of Civil Procedure" means the Colorado Rules of Civil Procedure*, as published  in the 2012 edition of the Colorado Revised Statutes.  [ 2012 CRCP pdf file ]
 
No later amendments to or editions of the incorporated material are incorporated into these rules. Any person seeking information regarding how the incorporated material may be obtained or examined may contact the Chief Administrative Law Judge, Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202. The material incorporated by reference may be examined at any state publications depository library.

 


1405. Discovery and Disclosure of Prefiled Testimony.

(a)        Incorporation by reference, exclusions, and discovery and disclosures generally.

(I)         Except as provided in subparagraph (II) of this paragraph, the Commission incorporates by reference rules 26-37 of the Colorado Rules of Civil Procedure*.  2012 CRCP pdf file

(II)         The following rules of Chapter 4 of the Colorado Rules of Civil Procedure are not incorporated by reference:  26(a)(1)-(4); 26(b)(2),; the first two sentences of 26(d); 30(a)(2)(A); 30(a)(2)(C); 33(b)(3); the first two sentences of the second paragraph of 34(b); 35; the time requirement of the second sentence of the second paragraph of 36(a); 37(c); and any reference to a case management order.  In addition to the foregoing exclusions, any portion of Chapter 4 of the Colorado Rules of Civil Procedure that is inconsistent with any Commission rule shall also be excluded. . . .

 


1406. Subpoenas.

(a)        Incorporation by reference and exceptions.

(I)         The Commission incorporates by reference rule 45(a) – (d) of the Colorado Rules of Civil Procedure*.  2012 CRCP pdf file

(II)         Except as provided in paragraph (b) of this rule and §§ 40-6-102 and 103, C.R.S., subpoena practice before the Commission shall be governed by rule 45(a) – (d) of the Colorado Rules of Civil Procedure, as incorporated herein.  For purposes of Commission subpoena practice, the word “court” in rule 45(a) and the last sentence in rule 45(c) shall be deemed to mean the Commission; otherwise, the word “court” in the incorporated material shall be deemed to mean the Commission or the Director.

(b)        Upon proper request and the filing of an affidavit showing good cause, the Commission or the Director shall issue a subpoena or a subpoena duces tecum requiring the attendance of a witness or the production of documentary evidence, or both, at a deposition or hearing, consistent with § 40-6-103(1), C.R.S. 

2012 CRCP available here with consent of the Colorado Supreme Court and with the assistance of the Revisor of Statutes.

Regulations Incorporated into PUC Rules

4 CCR 723-2

 Part 2 - Rules Regulating Telecommunications Providers, Services, and Products



Access the following incorporated regulations directly via linked text or in this documents drop box:

The incorporated CFR sections may also be accessed directly online from the Code of Federal Regulations at the Government Printing Office.

 


Several rules below refer to this Rule 2008 for citations to incorporated regulations.

Rule 2008. Incorporations by Reference. 

Rule 2008(a) The Commission incorporates by reference the following standards issued by the National Emergency Number Association (NENA):

No later amendments to or editions of these NENA standards are incorporated into these rules.  

Rule 2008(b) The Commission incorporates by reference 47 C.F.R., Parts 32, 36, 54, 68, 69 and Part 64 Subparts I and K (as published October 1, 2006). No later amendments to or editions of these regulations are incorporated in these rules.

Rule 2008(c) Except as provided in paragraph (a) of rule 2361, the Commission incorporates by reference the regulations published in 47 C.F.R. 64 (Subpart U) §§ 64.2003, 64.2005, 64.2007, 64.2008, and 64.2009 as revised on October 1, 2006. No later amendments to or editions of the C.F.R. are incorporated into these rules.

Rule 2008(d) The Commission incorporates by reference the National Electrical Safety Code, C2-2007 edition*, published by the Institute of Electrical and Electronics Engineers and endorsed by the American National Standards Institute. No later amendments to or editions of the National Electrical Safety Code are incorporated into these rules. 

* (The NESC editions may be accessed at the premises of  the Commission from Energy Section Chief, Gene Camp or Energy Engineer, Bill Dalton.)

Rule 2008(e) The Commission incorporates by reference the regulations published in 47 C.F.R. 51 (Subpart D) 51.307 through 51.319, as revised on October 1, 2006. No later amendments to or editions of these regulations are incorporated into these rules.

Rule 2008(f) The Commission incorporates by reference the rule promulgated by the FCC’s LNP First Report and Order, Decision No. FCC 96-286 in CC Docket No. 95-116, released July 2, 1996. No later amendments to or editions of these requirements are incorporated into these rules.

Rule 2008(g) The Commission incorporates by reference the FCC’s Truth in Billing Rules found at 47 C.F.R. 61 (Subpart Y) § 64.2401, et seq. revised on October 1, 2006. No later amendments to or editions of the C.F.R. are incorporated into these rules.

Rule 2008(h) The standards and regulations incorporated by reference may be examined at the offices of the Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays. Certified copies of the incorporated standards shall be provided at cost upon request. The Director or the Director’s designee will provide information regarding how the incorporated standards and regulations may be examined at any state public depository library.


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Several of the following rules refer to Rule 2008 (shown above) for citations to incorporated regulations. Access the referenced incorporated regulations in Rule 2008 via direct linked text or in the documents drop box above.

Rule 2146. National Emergency Number Association (NENA) Data Standards.
The NENA standards incorporated by reference as identified in rule 2008 shall be used for the purpose of defining standard formats for ALI data exchange between basic local exchange carriers, ALI database providers, governing bodies, and BESPs.

Rule 2182. Incorporation by Reference.
References in rules 2180 through 2199 to Parts 36 and 54 are references to rules issued by the FCC and have been incorporated by reference as identified in rule 2008.

Rule 2304. Customer-Billing Requirements.
(a) Billing information. The Commission incorporates by reference the FCC’s Truth in Billing Rules, as identified in rule 2008.

Rule 2312. IntraLATA Equal Access.
(a) References in this rule to Part 32, Part 36, and Part 64 Subparts I and K are references to rules issued by the FCC and are incorporated by reference as identified in rule 2008.

Rule 2332. Incorporation by Reference.
References in these rules to Part 68 are references to rules issued by the FCC and have been incorporated by reference as identified in rule 2008.

Rule 2334. Construction and Maintenance Practices.


(a) Minimum standard. The provider shall use, as a minimum standard of accepted good engineering practice, the 2002 National Electric Safety Code,** as identified in rule 2008.

** (The NESC editions may be accessed at the premises of  the Commission from Energy Section Chief, Gene Camp or Energy Engineer, Bill Dalton.)


(b) For any telecommunications plant constructed or installed prior to February 5, 2001, the minimum standard of accepted good engineering practice shall be the edition of the National Electric Safety Code* in effect at the time of beginning construction or installation of the telecommunications plant.


(c) Telecommunications plant that is constructed, installed, maintained, or operated in accordance with the National Electric Safety Code* in effect at the time of its construction or installation shall be presumed to comply with accepted good engineering practice in the telecommunications industry and the provisions of this rule. However, all direct buried cables connecting the network interface at the customer's premises to the network facilities of the provider shall be permanently buried, as practical, at least 12 inches below the final surface grade as known at time of installation. All other direct buried communication cable shall, at minimum, be buried at depths required for supply cable of similar voltage as specified in the National Electric Safety Code.


(d) The provider shall use as a minimum standard of safe practice 47 C.F.R., Part 68, dated October 1, 2002, for the interconnection of new or existing telecommunications plant of the provider with terminal equipment of a customer.

Rule 2362. Incorporation by Reference.
Except as provided in paragraph 2361(a), the Commission incorporates by reference the regulations published in 47 C.F.R. 64 (Subpart U) §§ 64.2003, 64.2005, 64.2007, 64.2008, and 64.2009, as identified in rule 2008.

Rule 2402. Incorporation by Reference.
References in these rules to Parts 32, 36, 64, and 69 are references to rules issued by the FCC and have been incorporated by reference, as identified in rule 2008.

Rule 2505. Unbundling.
(a) As identified in rule 2008, the Commission incorporates by reference the regulations published in 47 C.F.R. 51 (Subpart D) 51.307 through 51.319.

Rule 2532. Incorporation by Reference.
References in these rules to Parts 51 and 69 are references to rules issued by the FCC and have been incorporated herein by reference, as identified in rule 2008.

Rule 2722. Incorporation by Reference.
The FCC’s LNP First Report and Order, Decision No. FCC 96-286 in CC Docket No. 95-116, released July 2, 1996, is incorporated by reference, as identified in rule 2008.

Rule 2822. Incorporation by Reference.
References in rules 2820 through 2839 to Part 64 are references to rules issued by the FCC and have been incorporated by reference, as identified in rule 2008.

Rule 2823. Conformity with the Federal Americans with Disabilities Act of 1990.
(a) Adoption of federal regulations. For the purpose of providing telecommunications relay services in Colorado, the Commission adopts the FCC's rules and regulations establishing mandatory minimum operational and technical standards, found at 47 C.F.R. 64 (Subpart F) §§ 64.601 and 64.604 (a) and (b). . . .

Rule 2824. Conformity with the Commission's Quality of Service Rules.
The provider of TRS in Colorado shall be subject to any applicable Commission quality of service rule(s). In the case of conflict between the Commission's rule and the federal rule incorporated by reference in rule 2822, the more stringent of the two shall apply.

Rule 2842. Incorporation by Reference.
References in rules 2840 through 2869 to Parts 32, 36, 54, 64, and 69, are references to rules issued by the FCC and have been incorporated by reference, as identified in rule 2008.

Rule 2872. Incorporation by Reference.
References in rules 2870 through 2879 to Part 54 are references to rules issued by the FCC and have been incorporated by reference, as identified in rule 2008.

  *   ** (The NESC editions may be accessed at the premises of  the Commission from Energy Section Chief, Gene Camp or Energy Engineer, Bill Dalton.)

 

Regulations Incorporated into PUC Rules

4 CCR 723-3

Part 3 - Rules Regulating Electric Utilities


Access the following incorporated regulations in this documents drop box:
 

 

Rule 3008. Incorporation by Reference.

(a) The Commission incorporates by reference 18 C.F.R. Part 101 (as published on April 1, 2006) regarding the Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to the Provisions of the Federal Power Act. No later amendments to or editions of 18 C.F.R. Part 101 are incorporated into these rules.

(b) The Commission incorporates by reference 7 C.F.R. Part 1767 (as published on January 1, 2006) regarding the Uniform System of Accounts Prescribed for RUS Electric Borrowers. No later amendments to or editions of 7 C.F.R. Part 1767 are incorporated into these rules.

(c) The Commission incorporates by reference 18 C.F.R. Part 125 (as published on April 1, 2006) regarding the Preservation of Records of Public Utilities and Licensees. No later amendments to or editions of 18 C.F.R. Part 125 are incorporated into these rules.

(d) The Commission incorporates by reference RUS Bulletin 180-2 (as published on June 26, 2003) regarding Record Retention Recommendations for RUS Electric Borrowers. No later amendments to or editions of RUS Bulletin 180-2 are incorporated into these rules.

(e) The Commission incorporates by reference the National Electrical Safety Code, 2007 edition*, published by the Institute of Electrical and Electronics Engineers and endorsed by the American National Standards Institute. No later amendments to or editions of the National Electrical Safety Code are incorporated into these rules.

(f) The Commission incorporates by reference 18 C.F.R., Subchapter K, Part 292, Subparts A, B and C (as published on April 1,2006) regarding §§ 201 and 210 of the Public Utility Regulatory Policies Act of 1978. No later amendments to or editions of 18 C.F.R., Subchapter K, Part 292, Subparts A, B and C are incorporated into these rules.

(g) Any material incorporated by reference in this Part 3 may be examined at the offices of the Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays. Certified copies of the incorporated standards shall be provided at cost upon request. The Director or the Director’s designee will provide information regarding how the incorporated standards may be examined at any state public depository library.

* (Access the incorporated NESC 2007 at the premises of the Commission from Energy Section Chief, Gene Camp.)

 
 

Rule 3901. Definitions.

The following definitions apply to rules 3900 through 3954, except where a specific rule or statute provides otherwise. In addition to the definitions stated here, the definitions found in the Public Utilities Law, in the Public Utility Regulatory Policies Act of 1978, and in the federal regulations which are incorporated by reference apply to these rules. In the event of a conflict between these definitions and a statutory definition, the statutory definition shall apply. . . .

Regulations Incorporated into PUC Rules

4 CCR 723-4

Part 4 - Rules Regulating Gas Utilities and Pipeline Operators

 

Access the referenced incorporated regulations from this documents drop box:

 
 

The PUC has adopted by reference:  49 C.F.R. Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards.*

* (This Part 192 may be accessed from the documents box above and at the premises of the Commission from the Chief of Pipeline Safety, Steve Pott.

Additional pipeline safety information and proposed Federal rulemakings can be found at the PHMSA website.

 


Rule 4008. Incorporation by Reference.

(a) The Commission incorporates by reference 18 C.F.R. Part 201 (as published on April 1, 2006) regarding the Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act. No later amendments to or editions of 18 C.F.R. Part 201 are incorporated into these rules.

(b) The Commission incorporates by reference 18 C.F.R. Part 225 (as published on April 1, 2006) regarding the Preservation of Records of Natural Gas Companies. No later amendments to or editions of 18 C.F.R. Part 225 are incorporated into these rules.

(c) Any material incorporated by reference in this Part 4 may be examined at the offices of the Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays. Certified copies of the incorporated standards shall be provided at costs upon request. The Director or the Director’s designee will provide information regarding how the incorporated standards may be examined at any state public depository library.

 
 

 

Access the following referenced incorporated regulations from the documents drop box above: 

Rule 4902. Incorporation by Reference.

(a) The Commission adopts by reference the minimum federal safety standards for the transportation of natural gas and other gas by pipeline of the OPS that are published in 49 C.F.R. Part 192 (October 1, 2012). This incorporation by reference does not include later amendments to, or editions of, 49 C.F.R. Part 192.*

(b) The Commission adopts by reference the federal safety standards for liquefied natural gas facilities of the OPS that are published in 49 C.F.R. Part 193 (October 1, 2012). This incorporation by reference does not include later amendments to, or editions of, 49 C.F.R. Part 193.

(c) The Commission hereby adopts by reference the drug and alcohol testing program of the OPS published in 49 C.F.R. Parts 40 and 199 (October 1, 2012). This incorporation by reference does not include later amendments to, or editions of, 49 C.F.R. Parts 40 and 199.

(d) Any material incorporated by reference in this rule may be examined at the offices of the Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays. Certified copies of the incorporated standards shall be provided at cost upon request. The Director or the Director’s designee will provide information regarding how the incorporated standards may be examined at any state public depository library. 

 * (Part 192 may be accessed from the documents box above and at the premises of the Commission from the Chief of Pipeline Safety, Steve Pott.

Regulations Incorporated into PUC Rules

4 CCR 723-5

Part 5 - Rules Regulating Water, and Combined Water and Sewer Utilities


 

Rule 5005. Records.
(c) Each utility shall maintain its books of account and records in accordance with the provisions of the 1996 editions of the Uniform System of Accounts for Class A, B, and C Water Utilities, published by the National Association of Regulatory Utility Commissioners (NARUC). No later amendments to or editions of the Uniform System of Accounts are incorporated into these rules. A utility must maintain its books of account and records separately from those of its affiliates.

Rule 5008. Incorporation by Reference.

(a) The Commission incorporates by reference the 1996 editions of the Uniform System of Accounts for Class A, B, and C Water Utilities, published by the National Association of Regulatory Utility Commissioners (NARUC). No later amendments to or editions of the Uniform System of Accounts are incorporated into these rules.

(b) The Commission incorporates by reference the American Water Works Association Standards, Volume 4, Number 2, revised as of September 1, 2001. No later amendments to or editions of the American Water Works Standards are incorporated into these rules.

Regulations Incorporated into PUC Rules

4 CCR 723-6

Part 6 - Rules Regulating Transportation by Motor Vehicle


 

Access the following incorporated regulations from this documents drop box:

 
 

Rule 6102. Regulations Incorporated by Reference.

(a) Except as provided in rule 6103 and paragraph (c) of this rule, the Commission incorporates by reference the regulations published in:

(I) 49 C.F.R. Parts 40, 382, 383, 390, 391, 392, 393, 395, 396, and 399, as revised on October 1, 2010.

(II) 49 C.F.R. Appendix G to Subchapter B of Chapter III, as revised on October 1, 2010.

(b) No later amendments to or editions of the C.F.R. are incorporated into these rules.

(c) The following provisions of 49 C.F.R. are not incorporated by reference:

(I) §§ 382.507, 383.53, 390.3(a), 390.3(c), 390.3(f)(2), 390.3(f)(6), 390.21(a), 390.21(b), 390.21(e), 390.21(f), 390.37, 391.47, 391.49, 391.68, 391.69, 395.8(e), and 396.9; and

(II) The definition of "commercial motor vehicle" in § 390.5.

(d) The material incorporated by reference may be examined at the offices of the Commission or any state publications library.*

 

See also Rule 6103. Modification of Regulations Incorporated by Reference. for adaption of material incorporated by reference in Commission Rules.

 

* Persons interested in information concerning how the material incorporated by reference may be obtained or examined should contact:

Transportation Section Chief
Colorado Public Utilities Commission
[1560 Broadway, Suite 250, Denver, Colorado 80202]
Telephone: (303) 894-2850 

 

Regulations Incorporated by Reference in PUC Rules

4 CCR 723-7

Part 7- Rules Regulating Railroads, Rail Fixed Guideways, Transportation By Rail, and Rail Crossings


 

Rule 7008. Incorporation by Reference.

The Commission incorporates by reference the National Electrical Safety Code, C2-2002 edition*, published by the Institute of Electrical and Electronics Engineers and endorsed by the American National Standards Institute. No later amendments to or editions of the National Electrical Safety Code are incorporated into these rules. Any person seeking information regarding how the incorporated material may be obtained or examined may contact the Director or his/her designee, Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202. The material incorporated by reference may be examined at any state publications depository library.

* (The NESC editions are accessible at the premises of the Commission from Energy Section Chief, Gene Camp or Energy Engineer, Bill Dalton.)

 

Access the following incorporated regulations from this documents drop box: 

 

Rule 7202. Incorporation by Reference.

The Commission incorporates by reference Chapter 1 (Highway Functions: Systems and Classifications) of the 2001 edition of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS,** published by the American Association of State Highway and Transportation Officials. No later amendments to or editions of the incorporated material are incorporated into these rules. Any person seeking information regarding how the incorporated material may be obtained or examined may contact the Director or his/her designee, Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202. The material incorporated by reference may be examined at any state publications depository library.

 


7204. Application Contents — Generally.

(a) For purposes of this rule only, the Commission incorporates by reference Section 8A.01 of the 2003 Edition of the Manual on Uniform Traffic Control Devices for Streets and Highways** and the Colorado Supplement to the Federal Manual on Uniform Traffic Control Devices 2003** as adopted by the Transportation Commission of Colorado on September 14, 2004. No later amendments to or editions of the Manual on Uniform Traffic Control Devices are incorporated into these rules. Any person seeking information regarding how the incorporated material may be obtained or examined may contact the Director or his/her designee, Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202. The material incorporated by reference may be examined at any state publications depository library.

 


Rule 7324. Overhead Clearances.

(f) All wires in general shall have a minimum vertical clearance of not less than that specified by the National Electrical Safety Code,* as incorporated by reference in rule 7008. minimum vertical clearance of not less than that specified by the National Electrical Safety Code.

 


Rule 7342. Incorporation by Reference.

References in these rules to 49 C.F.R. 659 are rules issued by the FTA and are hereby incorporated by reference in these rules. References in these rules to 49 C.F.R. 15 are rules issued by the Office of the Secretary of the U.S. Department of Transportation and are hereby incorporated by reference in these rules. References in these rules to 49 C.F.R. 1520 are rules issued by Transportation Security Administration Department of Homeland Security and are hereby incorporated by reference in these rules. These rules may be found at 49 C.F.R. 15, 659, and 1520 revised as of October 1, 2005.**

References to 49 C.F.R. 15, 659 and 1520 do not include later amendments to, or editions of, 49 C.F.R. 15, 659 and 1520. A copy of all material that has been incorporated by reference is maintained at the offices of the Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, and is available for inspection during normal business hours. Copies of the incorporated rules shall be provided at cost upon request. The Director of the Commission will provide information regarding how 49 C.F.R. 15, 659 and 1520 may be obtained or examined. This incorporated material may be examined at any state publications depository library. 

** (Access referenced incorporated regulations in the documents drop box above or at the premises of the Commission from Rail Section Chief, Pam Fischhaber.)

Regulations Incorporated by Reference in PUC Rules

4 CCR 723-8

Part 8 - Rules Regulating Steam Utilities


 

  

[No material incorporated by reference ]


 

 

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1560 Broadway, Suite 250, Denver, CO 80202
(303) 894-2000 - Phone (800) 888-0170 - Permits and Insurance (800) 456-0858 - Consumer Assistance (303) 894-2065 - Fax