Holcim U.S. Inc. v. Colorado Public Utilities Commission.

2025 CO 1. No. 24SA46. Utility Regulation—Just and Reasonable Rates.

January 13, 2025

In this appeal taken pursuant to CRS § 40-6-115(5),  Holcim U.S. Inc. (Holcim) contended that the Colorado Public Utilities Commission (PUC) (1) set an unjust and unreasonable charge for electricity over a five-day period because the charge allegedly had no relationship to the electricity that Holcim used during that period and disproportionately allocated utility costs to Holcim and (2) committed a taking in violation of the Fifth Amendment when it purportedly set this charge.

The supreme court concluded that the charge imposed by the PUC was just and reasonable and that, although Holcim did not adequately develop its takings claim, it did present a due process claim. As to that claim, the court concluded that Holcim did not establish a violation of its due process rights.

Accordingly, the court affirmed the district court’s judgment upholding the PUC’s determination in this case.