San Isabel Electric Ass’n, Inc. v. Public Utilities Commission.
2021 CO 36. No. 20SA103. Public Utility Law—Station Power—Vertically Integrated Utility.
June 1, 2021
The Supreme Court addressed whether a rural cooperative electric association’s certificates of public convenience and necessity (CPCNs)—which grant the association the exclusive right to provide electric service in its certificated area—encompass the right to provide station power to the electric generation facilities of a vertically integrated utility capable of self-supplying such power. The Court held that the Public Utilities Commission (PUC) regularly pursued its authority in concluding that the association does not have such a right under its CPCNs and that the vertically integrated utility may self-supply station power using its own electric generation resources. The Court further held that, because the association had no property right to supply station power to the vertically integrated utility, the PUC’ s decision did not amount to a taking of property without due process. The Court thus affirmed the district court’s judgment upholding the PUC’s ruling.