Public Service Co. of Colorado v. Cuevas.

2026 CO 6. No. 23SC659. Public Utilities—Electricity—Personal Injury.

January 26, 2026

In this personal injury action, the supreme court granted certiorari to consider whether (1) a provision in Public Service Company of Colorado’s (PSCo) tariff purporting to limit its liability to “persons” applies to non-PSCo customers like Cuevas; (2) the Colorado Public Utilities Commission (PUC) had the authority to approve a tariff limiting PSCo’s liability to non-PSCo customers; (3) Cuevas was a “person” subject to the notification requirements of the High Voltage Safety Act (HVSA); and (4) CRS § 9-2.5-104(2) of the HVSA requires a causation analysis.

The court concluded that (1) assuming without deciding that the tariff’s limitation of liability provision is broad enough to apply to non-PSCo customers like Cuevas, the PUC lacked the authority to approve such a tariff; (2) because Cuevas was not the contracting party, he was not subject to the HVSA’s notification requirement; and (3) § 9-2.5-104(2) of the HVSA does not require a causation analysis.

Accordingly, the court vacated the division’s conclusion that the tariff, by its terms, did not extend to non-PSCo customers like Cuevas but otherwise affirmed the division’s judgment.