Powers of consumer counsel.

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(1) The consumer counsel:

  1. May employ such attorneys, engineers, economists, accountants, or other employeesas may be necessary to carry out his duties and shall employ a maximum of sixteen full-time employees or the equivalent thereof;

  2. Shall be granted, by the commission, leave to intervene in all cases where such request is made in conformance with rules of the commission;

  3. May contract for the services of technically qualified persons to perform research andto appear as expert witnesses before the commission, such persons to be paid from funds appropriated for the use of the consumer counsel;

  4. May have access to the files of the commission when conducting research.

  1. The consumer counsel may petition for, request, initiate, and appear and intervene asa party in any proceeding before the commission concerning rate changes, rule-making, charges, tariffs, modifications of service, and matters involving certificates of public convenience and necessity. Notwithstanding any provision of this article to the contrary, the consumer counsel shall not be a party to any individual complaint between a utility and an individual.

(2.5) The consumer counsel may petition for, request, initiate, or seek to intervene in any proceeding before a federal agency which regulates utility rates or service, or federal court when the matter before such agency or court will affect a rate, charge, tariff, or term of service for a utility product or service for a residential, small business, or agricultural utility consumer in the state of Colorado. The phrase "federal agency which regulates utility rates or service" does not include any federal lending agency.

  1. (a) The consumer counsel and any member of his or her staff directly involved in a specific adjudicatory proceeding before the commission shall refrain from ex parte communications with members of the commission. The counsel or his or her staff shall have all rights and be governed by the same ex parte rules as all other intervenors.

(b) As used in this subsection (3), an "adjudicatory proceeding" does not include a rulemaking proceeding or discussions on pending legislative proposals.

Source: L. 84: Entire article added, p. 1046, § 1, effective July 1. L. 92: (2.5) added, p. 2128, § 1, effective April 10. L. 2008: (3) amended, p. 1797, § 17, effective July 1.


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