4 CCR 723-3-3615 - Exemptions and Exclusions

(a) The following resources need not be included in an approved resource plan prior to acquisition.

(I) Emergency maintenance or repairs made to utility-owned generation facilities.

(II) Capacity and/or energy from newly-constructed, utility-owned, supply-side resources with a nameplate rating of not more than 30 MW.

(III) Capacity and/or energy from the generation facilities of other utilities or from non-utility generators pursuant to agreements for not more than a two year term (including renewal terms) or for not more than 30 MW of capacity.

(IV) Improvements or modifications to existing utility generation facilities that change the production capability of the generation facility site in question, by not more than 30 MW, based on the utility's share of the total power generation at the facility site and that have an estimated cost of not more than $30 million.

(V) Interruptible service provided to the utility's electric customers.

(VI) Modification to, or amendment of, existing power purchase agreements provided the modification or amendment does not extend the agreement more than four years, does not add more than 30 MW of capacity to the utility's system, and is cost effective in comparison to other supply-side alternatives available to the utility.

(VII) Utility investments in emission control equipment at existing generation plants.

(VIII) Utility administered demand-side programs implemented in accordance with § 40-3.2-104, C.R.S.

(b) If the utility evaluates an existing or proposed electric generation facility offered in a competitive bidding process conducted outside of an approved resource plan, the utility shall provide the owner or developer of the electric generation facility in writing by e-mail the modeling inputs and assumptions that reasonably relate to the facility or to the transmission of electricity from that facility to the utility within 14 calendar days of the utility's decision to advance the potential resource to computer-based modeling.

Notes

4 CCR 723-3-3615

38 CR 17, September 10, 2015, effective 9/30/2015 39 CR 06, March 25, 2016, effective 4/14/2016 39 CR 08, April 25, 2016, effective 5/15/2016 40 CR 22, November 25, 2017, effective 12/15/2017 42 CR 03, February 10, 2019, effective 3/2/2019 42 CR 07, April 10, 2019, effective 4/30/2019 42 CR 09, May 10, 2019, effective 5/30/2019 43 CR 08, April 25, 2020, effective 5/15/2020 43 CR 12, June 25, 2020, effective 7/15/2020 43 CR 20, October 25, 2020, effective 11/14/2020 44 CR 13, July 10, 2021, effective 7/30/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 18, September 25, 2022, effective 10/15/2022 46 CR 02, January 25, 2023, effective 2/14/2023