A bid by Xcel Energy to limit Boulder
customers' access to renewable energy and energy-efficiency programs has
been rejected by the state Public Utilities Commission -- at least for
now.
The decision essentially preserves the status quo for Boulder's Xcel
customers while the city looks into forming a municipal utility.
In an application filed in February, Xcel had sought to stop Boulder
residents from getting up-front payments for smaller solar installations
and place a cap on energy-efficiency rebates within the city, based on
how much Boulder residents pay in fees toward such programs.
All Xcel customers pay those fees, and any Xcel customer can apply --
but Boulder residents take advantage of the programs at higher rates
than other communities in the Denver metro area.
Xcel also wanted permission not to offer the Windsource and solar gardens programs in Boulder.
Xcel argued it needs to protect its non-Boulder ratepayers in the
event Boulder withdraws from Xcel and sets up a municipal utility, while
city officials said the move amounted to discrimination against Xcel
customers in Boulder in the wake of a vote that authorized the city to
pursue potential municipalization.
At a pre-hearing conference Wednesday, the commissioners ruled that Xcel's application was premature and denied it.
Xcel Energy spokeswoman Michelle Aguayo said the utility does not
consider the decision a setback. Rather, it just moves the discussion
about how costs and benefits of renewable energy and energy-efficiency
programs are allocated to a future time.
"The reason we brought this application was to protect our
non-Boulder customers in case Boulder decides to municipalize," she
said. "We'll just continue to watch what Boulder does, and if they take
more definitive steps, we'll go back to the PUC."
Boulder officials said they fully expect to have a conversation with
Xcel and state regulators about what compensation, if any, is due to the
utility company if Boulder decides to set up its own municipal utility.
"I believe that ultimately this is just moving the discussion down the road," Senior Assistant City Attorney Debra Kalish said.
City officials said Thursday that the PUC's decision validated
Boulder's position that it's too early to have those discussions and
protects Boulder customers while the city continues to research its
options.
"We're pleased that the commission kind of finalized this discussion
as they did," said Jonathan Koehn, the city's regional sustainability
coordinator. "From the customers' perspective, it's a very positive
outcome because it maintains their access to programs."
The decision also allows the city to focus on researching the costs
and feasibility of creating a municipal utility without also having to
fight Xcel to maintain existing programs, Koehn said.
"Our position was that it wasn't time to have this dialogue," Koehn
said. "There were a lot of unknowns. This gives us time to do the
appropriate analysis and have that discussion at an appropriate time."
The commissioners plan to keep the Xcel-Boulder docket open for the time being.
Terry Bote, a spokesman for the PUC, said a written order should be
filed soon. That order will include a number of questions for the city
and Xcel about timing and what actions in the municipalization process
would trigger an appropriate filing at the PUC.