Public Utilities Commission DORA State of Colorado Public Utilities Commission Public Utilities Commission State of Colorado DORA


Outside Authorities Incorporated by Reference in Commission Rules

Incorporated by Reference in Commission Rules
4 Code of Colorado Regulations 723

Access to Incorporated Documents

Any material incorporated by reference in our Rules may be examined at the offices of the Commission, 1560 Broadway, Suite 250 , Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays. Certified copies of the incorporated standards shall be provided at cost upon request. The Director or the Director’s designee will provide information regarding how the incorporated standards may be examined at any state public depository library.

  • Part 1 - Rules of Practice and Procedure
  • Part 2 - Rules Regulating Telecommunications Providers, Services, and Products
  • Part 3 - Rules Regulating Electric Utilities
  • Part 4 - Rules Regulating Gas Utilities and Pipeline Operators
  • Part 5 - Rules Regulating Water Utilities
  • Part 6 - Rules Regulating Transportation by Motor Vehicle
  • Part 7 - Rules Regulating Railroads, Rail Fixed Guideways, Transportation By Rail, and Rail Crossings
  • Part 8 - Rules Regulating Steam Utilities (no materials referenced)

Part 1- Rules of Practice and Procedure

Rule 1405. Discovery and Disclosure of Prefiled Testimony.

(a) Incorporation by reference, exclusions, and discovery and disclosures generally.

(I) Except as provided in subparagraph (II) of this paragraph, the Commission incorporates by reference rules 26-37 of the Colorado Rules of Civil Procedure, as published in the 2005 edition of the Colorado Revised Statutes.  No later amendments to or editions of the incorporated material are incorporated into these rules.  Any person seeking information regarding how the incorporated material may be obtained or examined may contact the Chief Administrative Law Judge, Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202.  The material incorporated by reference may be examined at any state publications depository library.

(II) The following rules of Chapter 4 of the Colorado Rules of Civil Procedure are not incorporated by reference:  26(a)(1)-(4); 26(b)(2), except as provided in paragraph (b) of this rule; the first two sentences of 26(d); 30(a)(2)(A); 30(a)(2)(C); 33(b)(3); the first two sentences of the second paragraph of 34(b); 35; the time requirement of the second sentence of the second paragraph of 36(a); 37(c); and any reference to a case management order.  In addition to the foregoing exclusions, any portion of Chapter 4 of the Colorado Rules of Civil Procedure that is inconsistent with any Commission rule shall also be excluded.

(III) Unless the Commission orders otherwise, the Colorado Rules of Civil Procedure incorporated by reference govern discovery.

Part 2 - Rules Regulating Telecommunications Providers, Services, and Products

Rule 2008. Incorporations by Reference.

(a)        The Commission incorporates by reference the following standards issued by the National Emergency Number Association (NENA):

NENA Recommended Formats & Protocols For Data Exchange (NENA-02-010), revised as of February 25, 2006;

NENA Recommended Data Standards for Local Exchange Carriers, ALI Service Providers & 9-1-1 Jurisdictions (NENA-02-011), revised as of November 9, 2004;

NENA Network Quality Assurance (NENA-03-001), original as of June 12, 1995;

NENA Recommendation for the implementation of Enhanced MF Signaling, E9-1-1 tandem to PSAP (NENA-03-002), recommended June 21, 1998; and

NENA Recommended Standards for Local Service Provider Interconnection Information Sharing (NENA-06-001), revised as of August 2004. 

No later amendments to or editions of these standards are incorporated into these rules.

(b)        The Commission incorporates by reference 47 C.F.R., Parts 32, 36, 54, 68, 69 and Part 64 Subparts I and K (as published October 1, 2006).  No later amendments to or editions of these regulations are incorporated in these rules.

(c)        Except as provided in paragraph (a) of rule 2361, the Commission incorporates by reference the regulations published in 47 C.F.R. §§ 64.2003, 64.2005, 64.2007, 64.2008, and 64.2009 as revised on October 1, 2006. No later amendments to or editions of the C.F.R. are incorporated into these rules.

(d)        The Commission incorporates by reference the National Electrical Safety Code, C2-2007 edition, published by the Institute of Electrical and Electronics Engineers and endorsed by the American National Standards Institute.  No later amendments to or editions of the National Electrical Safety Code are incorporated into these rules.

(e)        The Commission incorporates by reference the regulations published in 47 C.F.R. 51.307 through 51.319, as revised on October 1, 2006. No later amendments to or editions of these regulations are incorporated into these rules.

(f)        The Commission incorporates by reference the rule promulgated by the FCC’s LNP First Report and Order, Decision No. FCC 96-286 in CC Docket No. 95-116, released July 2, 1996. No later amendments to or editions of these requirements are incorporated into these rules.

(g)        The Commission incorporates by reference the FCC’s Truth in Billing Rules found at 47 C.F.R. § 64.2401, et seq. revised on October 1, 2006. No later amendments to or editions of the C.F.R. are incorporated into these rules.

(h)        The standards and regulations incorporated by reference may be examined at the offices of the Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays.  Certified copies of the incorporated standards shall be provided at cost upon request.  The Director or the Director’s designee will provide information regarding how the incorporated standards and regulations may be examined at any state public depository library.

Rule 2146.  National Emergency Number Association (NENA) Data Standards
The NENA standards incorporated by reference as identified in rule 2008 shall be used for the purpose of defining standard formats for ALI data exchange between basic local exchange carriers, ALI database providers, governing bodies, and BESPs.

Rule 2182. Incorporation by Reference.
References in rules 2180 through 2199 to Parts 36 and 54, are references to rules issued by the FCC and have been incorporated herein by reference.  The incorporated material may be found at 47 C.F.R., Part 36 and Part 54, revised as of October 1, 2002.  References to Parts 36 and 54 do not include later amendments to or editions of these parts. . . .

Rule 2304.Customer-Billing Requirements.
(a)       Billing information. The Commission incorporates by reference the FCC’s Truth in Billing Rules found at 47 C.F.R. § 64.2401 et seq. revised on October 1, 2004. No later amendments to or editions of the C.F.R. are incorporated into these rules.

Rule 2312.    IntraLATA Equal Access.
(a)        Incorporation by reference.  References in this rule to Part 32, Part 36, and Part 64 Subparts I and K, are references to rules issued by the FCC, and are incorporated by reference herein.  The incorporated material may be found at 47 C.F.R., Part 32, Part 36, and 64 Subpart I and Subpart K, revised as of October 1, 2002.  References to Parts 32, 36, and 64 Subparts I and K do not include later amendments to or editions of these parts. . . .

Rule 2332.    Incorporation by Reference.
References in these Rules to Part 68 are references to rules issued by the FCC and have been incorporated by reference.  These rules may be found at 47 C.F.R. Part 68, revised as of October 1, 2002.  References to Part 68 do not include later amendments to or editions of this Part 68. . . .

Rule 2334.    Construction and Maintenance Practices.
(a)        Minimum standard; incorporation by reference.  The provider shall use, as a minimum standard of accepted good engineering practice, the 2002 National Electric Safety Code, dated February 5, 2001, published by the Institute of Electrical and Electronics Engineers, Inc. (IEEE), and endorsed by the American National Standards Institute (ANSI), which is incorporated by reference for all new construction or major rebuild of telecommunications plant begun on or after February 5, 2001.  The incorporated material does not include later amendments to or editions of the National Electric Safety Code. . . .

Rule 2362.   Incorporation by Reference.
Except as provided in paragraph (b) of this rule, the Commission incorporates by reference the regulations published in 47 C.F.R. §§ 64.2003, 64.2005, 64.2007, 64.2008, and 64.2009 as revised on October 1, 2004. No later amendments to or editions of the C.F.R. are incorporated into these rules. . . .

Rule 2402.    Incorporation by Reference.
References in these rules to Parts 32, 36, 64, and 69, are references to rules issued by the FCC and have been incorporated by reference.  These rules may be found at 47 C.F.R. Part 32, Part 36, Part 64, and Part 69, revised as of October 1, 2002.  References in these rules to the provision of FCC Docket 86-111 are also incorporated by reference.  Reference to incorporated material does not include later amendments to or editions such material. . . .

Rule 2505.    Unbundling.
(a)        Incorporation by Reference. The Commission incorporates by reference the regulations published in 47 C.F.R. 51.307 through 51.319, as revised on October 1, 2004. No later amendments to or editions of the C.F.R. are incorporated into these rules. . . .
(b)        Nothing in paragraph (a) shall be construed to limit the Commission’s duties and responsibilities under § 40-15-503 et. seq. C.R.S.

Rule 2532.    Incorporation by Reference.
References in these rules to Parts 51 and 69 are references to rules issued by the FCC and have been incorporated herein by reference.  The incorporated material may be found at 47 C.F.R. Part 51 and Part 69, revised as of October 1, 2002.  References to Parts 51 and 69 do not include later amendments to or editions of these Parts. . . .

Rule 2722.    Incorporation by Reference.
References in these rules to the FCC’s LNP First Report and Order, Decision No. FCC 96-286 in CC Docket No. 95-116, released July 2, 1996, are incorporated by reference and do include later amendments or editions.

Rule 2802.    Incorporation by Reference.
References in rules 2800 through 2819 to Part 54 are references to rules issued by the FCC and have been incorporated by reference.  These rules may be found at 47 C.F.R., Part 54, revised as of October 1, 2002.  References to Part 54 do not include later amendments to or editions of this part.

Rule 2822.         Incorporation by Reference.
References in rules 2820 through 2839 to Part 64 are references to rules issued by the FCC and have been incorporated by reference.  These rules may be found at 47 C.F.R., Part 64, revised as of October 1, 2002.  References to Part 64 do not include later amendments to or editions of this part.

Rule 2823.    Conformity with the Federal Americans with Disabilities Act of 1990.
(a)        Adoption of federal regulations.  For the purpose of providing telecommunications relay services in Colorado, the Commission adopts the FCC's rules and regulations establishing mandatory minimum operational and technical standards, found at 47 C.F.R. §§ 64.601 and 64.604 (a) and . . . .

Rule 2824.    Conformity with the Commission's Quality of Service Rules.
The provider of TRS in Colorado shall be subject to any applicable Commission quality of service rule(s).  In the case of conflict between the Commission's rule and the federal rule incorporated by reference in rule 2822, the more stringent of the two shall apply.

Rule 2842.    Incorporation by Reference.
References in rules 2840 through 2869 to Parts 32, 36, 54, 64, and 69, are references to rules issued by the FCC and have been incorporated by reference.  These incorporated rules may be found at 47 C.F.R. Part 32, Part 36, Part 54, Part 64, and Part 69, revised as of October 1, 2002.  References to Parts 32, 36, 54, 64, and 69 do not include later amendments to or editions of these parts. . .

Rule 2872.    Incorporation by Reference.
References in rules 2870 through 2879 to Part 54 are references to rules issued by the FCC and have been incorporated by reference.  These rules may be found at 47 C.F.R., Part 54, revised as of October 1, 2002.  References to Part 54 do not include later amendments to or editions of this Part.

4 CCR 723-3

Part 3 - Rules Regulating Electric Utilities

  • Rule 3008.    Incorporation by Reference.
    (a)        The Commission incorporates by reference 18 C.F.R. Part 101 (as published on April 1, 2005) regarding the Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to the Provisions of the Federal Power Act.  No later amendments to or editions of 18 C.F.R. Part 101 are incorporated into these rules.
    (b)        The Commission incorporates by reference 7 C.F.R. Part 1767 (as published on January 1, 2005) regarding the Uniform System of Accounts Prescribed for RUS Electric Borrowers.  No later amendments to or editions of 7 C.F.R. Part 1767 are incorporated into these rules.
    (c)        The Commission incorporates by reference 18 C.F.R. Part 125 (as published on April 1, 2005) regarding the Preservation of Records of Public Utilities and Licensees.  No later amendments to or editions of 18 C.F.R. Part 125 are incorporated into these rules.
    (d)        The Commission incorporates by reference RUS Bulletin 180-2 (as published on June 26, 2003) regarding Record Retention Recommendations for RUS Electric Borrowers.  No later amendments to or editions of RUS Bulletin 180-2 are incorporated into these rules.
    (e)        The Commission incorporates by reference the National Electrical Safety Code, C2-2002 edition, published by the Institute of Electrical and Electronics Engineers and endorsed by the American National Standards Institute.  No later amendments to or editions of the National Electrical Safety Code are incorporated into these rules.
    (f)         The Commission incorporates by reference 18 C.F.R., Subchapter K, Part 292, Subparts A, B and C (as published on April 1, 2005) regarding §§ 201 and 210 of the Public Utility Regulatory Policies Act of 1978.  No later amendments to or editions of 18 C.F.R., Subchapter K, Part 292, Subparts A, B and C are incorporated into these rules. . . .

  • Rule 3901.    Definitions.
    The following definitions apply to rules 3900 through 3954, except where a specific rule or statute provides otherwise.   In addition to the definitions stated here, the definitions found in the Public Utilities Law, in the Public Utility Regulatory Policies Act of 1978, and in the federal regulations which are incorporated by reference apply to these rules.  In the event of a conflict between these definitions and a statutory definition, the statutory definition shall apply. . . .

4 CCR 723-4

Part 4 - Rules Regulating Gas Utilities and Pipeline Operators

Rule 4008. Incorporation by Reference.
(a) The Commission incorporates by reference 18 C.F.R. Part 201 (as published on April 1, 2005) regarding the Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act. No later amendments to or editions of 18 C.F.R. Part 201 are incorporated into these rules.

(b) The Commission incorporates by reference 18 C.F.R. Part 225 (as published on April 1, 2005) regarding the Preservation of Records of Natural Gas Companies. No later amendments to or editions of 18 C.F.R. Part 225 are incorporated into these rules.
4 CCR 723-5

Part 5 - Rules Regulating Water Utilities

  • Rule 5005.   Records.
    (c)        Each utility shall maintain its books of account and records in accordance with the provisions of the 1996 editions of the Uniform System of Accounts for Class A, B, and C Water Utilities, published by the National Association of Regulatory Utility Commissioners (NARUC).  No later amendments to or editions of the Uniform System of Accounts are incorporated into these rules. A utility must maintain its books of account and records separately from those of its affiliates.

  • Rule 5008.   Incorporation by Reference.
    (a)        The Commission incorporates by reference the 1996 editions of the Uniform System of Accounts for Class A, B, and C Water Utilities, published by the National Association of Regulatory Utility Commissioners (NARUC).  No later amendments to or editions of the Uniform System of Accounts are incorporated into these rules. 
    (b)        The Commission incorporates by reference the American Water Works Association Standards, Volume 4, Number 2, revised as of September 1, 2001.  No later amendments to or editions of the American Water Works Standards are incorporated into these rules. . . .

4 CCR 723-6

Part 6 - Rules Regulating Transportation by Motor Vehicle

  • Rule 6102.    Regulations Incorporated by Reference.
    (a)        Except as provided in rule 6103 or paragraph (c) of this rule, the Commission incorporates by reference the regulations published in:
    (I)         49 C.F.R. Parts 40, 382, 383, 390, 391, 392, 393, 395, 396, and 399, as revised on October 1, 2003.
    (II)         49 C.F.R. Appendix G to Subchapter B of Chapter III, as revised on October 1, 2003.
    (b)        No later amendments to or editions of the C.F.R. are incorporated into these rules.
    (c)        The following provisions of 49 C.F.R. are not incorporated by reference:
    (I)         §§ 382.507, 383.53, 390.3(a), 390.3(c), 390.3(f)(2), 390.21(a), 390.21(b), 390.21(e), 390.21(f), 390.37, 391.47, 391.49, 391.67, 391.68, 391.69, 395.1(h), 395.1(i), 395.8(e), and 396.9;
    (II)         The definition of "commercial motor vehicle" in § 390.5; and
    (III)        The definition of "bus" in § 393.5; . . .

  • see also Rule 6103.    Modification of Regulations Incorporated by Reference. for adaption of material incorporated by reference in Commission Rules.

  • Rule 6307.    Regulations Incorporated by Reference.
    (a)        The Commission incorporates by reference the regulations published in 40 C.F.R. § 600.315-82, as revised on July 1, 2003.  No later amendments to or editions of the C.F.R. are incorporated into these rules. . .

  • Rule 6401.         Regulations Incorporated by Reference.
    (a)        The Commission incorporates by reference the regulations published at 49 C.F.R. Parts 366 and 367, as revised as of October 1, 2003.  These rules do not incorporate later amendments to or editions of the C.F.R.

Persons interested in information concerning how the material incorporated by reference may be obtained or examined should contact:

Transportation Section Chief
Colorado Public Utilities Commission
[1560 Broadway, Suite 250, Denver, Colorado 80202]
Telephone: (303) 894-2850

4 CCR 723-7

Part 7- Rules Regulating Railroads, Rail Fixed Guideways, Transportation By Rail, and Rail Crossings

  • Rule 7202.    Incorporation by Reference.
    (a)        The Commission incorporates by reference the August 2001 edition of the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers on August 1, 2001 and endorsed by the American National Standards Institute.  No later amendments to or editions of the National Electrical Safety Code are incorporated into these rules.  . . .
    (b)        The Commission incorporates by reference Chapter 1 (Highway Functions:  Systems and Classifications) of the 2001 edition of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, published by the American Association of State Highway and Transportation Officials.  No later amendments to or editions of the incorporated material are incorporated into these rules.  . . .

  • Rule 7324.         Overhead Clearances.
    (f)         Wires.
    (I)         The Commission incorporates by reference the August 2001 edition of the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers on August 1, 2001 and endorsed by the American National Standards Institute.  No later amendments to or editions of the National Electrical Safety Code are incorporated into these rules.  . . .
    (II)        All wires in general shall have a minimum vertical clearance of not less than that specified by the National Electrical Safety Code.

  • Rule 7342.    Incorporation by Reference.
    References in these rules to 49 C.F.R. 659 are rules issued by the FTA and are hereby incorporated by reference in these rules.  References in these rules to 49 C.F.R. 15 are rules issued by the Office of the Secretary of the U.S. Department of Transportation and are hereby incorporated by reference in these rules.  References in these rules to 49 C.F.R. 1520 are rules issued by Transportation Security Administration Department of Homeland Security and are hereby incorporated by reference in these rules.  These rules may be found at 49 C.F.R. 15, 659, and 1520 revised as of October 1, 2005.  References to 49 C.F.R. 15, 659 and 1520 do not include later amendments to, or editions of, 49 C.F.R. 15, 659 and 1520. References in these rules to standards of the American Public Transit Association are standards contained in its "Manual for the Development of Rail Transit System Safety Program Plans" published on August 20, 1991.  References to standards of the American Public Transit Association do not include later amendments to, or editions of, this Manual.  . . .

4 CCR 723-8

Part 8 - Rules Regulating Steam Utilities

  • [No material incorporated by reference ]
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