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Colorado PUC and the Pueblo Coal Plant: Legal Issues 2004-2005

December 2005: Motion for Summary Judgment
Despite a 2002 Notice of Violation of clean air regulations from the EPA, the Air Pollution Control Division of the Colorado Department of Public Health and the Environment has issued a new, 2005 construction permit to Xcel energy to expand its coal generation facilities in Pueblo. Clean Energy Action, along with Pueblo Citizens for Clean Air & Water has filed a Motion for Summary Judgment calling for that decision to be remanded for failing to comply with existing statues. Read the Motion Complaint before CPHE

August 2005.
Clean Energy Action files a complaint seeking final review of the air permits issued to Xcel by the Air Pollution Control Division (“APCD” or “Division”) of the Colorado Department of Public Health and the Environment. See the complaint Complaint before CPHE
(see press coverage of the lawsuit with summaries)

In February of 2005, the Colorado State Legislature took up the issue of leglative oversight with a proposal to require bi-annual meetings between the PUC and legislators. The bill is under consideration by the Senate as of April 1, 2005.
Leslie Glustrom's testimony in favor of the bill legal brief

January 2005. Read Leslie Glustrom's "RRR" Application for Rehearing, Reargument or Reconsideration of the PUC decision to approve the Pueblo coal plant. More complaint

December 2004. Environmental groups sign an agreement with Xcel to allow the Pueblo coal plant to proceed. Western Resource Advocates

September 2004. Ron Binz testifies on behalf of Colorado Energy Consumers that Xcel's proposal would "trample" ratepayer protections, and discusses the problems of allowing Xcel to build a 750 MW plant without putting it out to bid. More Ron Binz

September 2004. PUC Rate Analyst Karlton Kunzie testifies against several of Xcel's financing proposals for the Commanche III plant. More Karlton Kunzie

September 2004. James Greenwood, CO Office of Consumer Counsel testifies on Xcel's Least Cost Resource Plan. More Office of Consumer Counsel

May 2004 - current. Read the legal text of Xcel's propsal to build the Pueblo coal plant and links to all relevant documents in the case, including the settlement agreement with environmental organizations.
PUC Docket:

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