C.R.S. Section 40-3.2-106
Costs of pollution in utility planning

  • rules

(1)

The commission shall require an electric or gas public utility subject to commission jurisdiction to consider the social cost of carbon dioxide emissions and the social cost of methane emissions, as set forth in subsections (4) and (5) of this section, when determining the cost, benefit, or net present value of any plan or proposal submitted in one of the following proceedings:

(a)

Electric resource plans or any utility plan or application that considers or proposes the acquisition of new electric generating resources or the retirement of existing utility generation;

(b)

Applications related to section 40-2-124;

(c)

Applications related to, or the commission’s evaluation of, programs adopted under section 40-3.2-103;

(c.5)

Applications related to, or the commission’s evaluation of, programs adopted under section 40-3.2-104; or

(d)

A plan or application for transportation electrification under section 40-5-107 or any other form of beneficial electrification, including beneficial electrification in buildings.

(2)

In a proceeding listed in subsection (1)(a) of this section, a utility shall:

(a)

At a minimum, model an optimization of a base case portfolio of resources using the cost of carbon dioxide emissions, as set forth pursuant to subsection (4) of this section. The cost of carbon dioxide emissions must apply to the evaluation of all existing electric generation resources and to any new resources evaluated or proposed as part of the resource modeling. The commission may require a utility to file or propose additional base cases. The utility may propose, and the commission shall consider, alternative optimized portfolios of resources in addition to the base case, utilizing different levels of costs for carbon dioxide.

(b)

Intentionally left blank —Ed.

(I)

Present a calculation of the net present value of revenue requirement for the resources in each optimized portfolio. To show the net present value of revenue requirement that would be incurred by the utility for implementing the portfolio, in addition to presenting the full net present value of revenue requirement through a calculation using the cost of carbon dioxide emissions set forth pursuant to subsection (4) of this section, the utility shall also present the full net present value of revenue requirement through a calculation without using the cost of carbon dioxide emissions set forth pursuant to subsection (4) of this section.

(II)

In addition to the net present value of revenue requirement calculations required in subsection (2)(b)(I) of this section, for each optimized model run, the utility must provide a present value calculation showing the net present value of the total cost of carbon dioxide emissions of each portfolio, calculated by multiplying the total emissions of that portfolio by the cost of carbon dioxide set forth pursuant to subsection (4) of this section.

(3)

In approving a resource plan, either with generic resources or in the analysis of bids in a competitive solicitation, the commission shall require a comparison of the portfolios’ net present value of revenue requirements inclusive of the social cost of carbon dioxide. The commission shall also consider:

(a)

The net present value of revenue requirements of the cost of carbon dioxide or carbon dioxide equivalent emissions;

(b)

The net present value of revenue requirements that would be incurred by the utility for implementing the portfolio; and

(c)

Other relevant factors, as determined by the commission.

(4)

The commission shall base the cost of carbon dioxide emissions on the most recent assessment of the social cost of carbon dioxide developed by the federal government using a discount rate of two and one-half percent or less. Starting in 2020, the commission shall use a social cost of carbon dioxide of not less than sixty-eight dollars per short ton. The commission shall modify the cost of carbon dioxide emissions based on escalation rates of the 2020 base cost by an amount that is equal to or greater than the escalation rates established in the technical support document. When calculating the cost of carbon dioxide emissions for any proceeding listed in subsection (1) of this section, the commission shall use a discount rate for the social cost of carbon dioxide that does not exceed the lesser of two and one-half percent or any lower value established by the most recent available successor to the technical support document. Notwithstanding the discount rate used to develop the social cost of carbon dioxide value over the planning period, the commission shall continue to discount any net present value analysis of any optimized resource portfolio in the electric resource planning process using discount rates that the commission deems appropriate.

(5)

In the base case analysis of cost effectiveness as described in section 40-1-102 (5)(b), the commission shall apply the social cost of carbon dioxide and the social cost of methane emissions to the benefit-cost calculation for programs that are defined to be energy efficiency or beneficial electrification programs or that incorporate behind-the-meter thermal renewable sources.

(6)

Repealed.

Source: Section 40-3.2-106 — Costs of pollution in utility planning - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑3.2‑101
Legislative declaration
40‑3.2‑102
Recovery of air quality improvement costs
40‑3.2‑103
Gas distribution utility demand-side management programs - recovery of costs - reports
40‑3.2‑104
Electricity utility demand-side management programs - rules - annual report - definition
40‑3.2‑104.3
Eliminating incentives for gas service to properties - gas line extension allowances - exemptions - definitions
40‑3.2‑104.4
Colorado energy office gas investment asset depreciation study - third-party evaluation - commission rules
40‑3.2‑104.5
Customer disconnection from investor-owned gas utility service - rules
40‑3.2‑104.6
Commission study on beneficial electrification - repeal
40‑3.2‑105.5
Labor standards for gas DSM projects
40‑3.2‑105.6
Labor standards for beneficial electrification projects
40‑3.2‑105.7
Labor standards for state thermal energy network and thermal energy system projects - definitions
40‑3.2‑106
Costs of pollution in utility planning - rules
40‑3.2‑107
Costs of methane pollution in gas DSM program planning - rules - definitions
40‑3.2‑108
Clean heat targets - legislative declaration - definitions - plans - rules - reports
40‑3.2‑109
Beneficial electrification plans for electric utilities - definition - rules - recovery of costs - report
40‑3.2‑201
Short title
40‑3.2‑202
Legislative declaration
40‑3.2‑203
Definitions
40‑3.2‑204
Emission control plans - role of the department of public health and environment - timing of emission reductions - approval
40‑3.2‑205
Review - approval
40‑3.2‑206
Coal plant retirements - replacement resources
40‑3.2‑207
Cost recovery - legislative declaration
40‑3.2‑208
Air quality planning
40‑3.2‑209
Early reductions
40‑3.2‑210
Exemption from limits on voluntary emission reductions
Green check means up to date. Up to date

Current through Fall 2024

§ 40-3.2-106’s source at colorado​.gov