BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Proceeding No. 15A- G IN THE MATTER OF APPLICATION OF BLACK HILLS/COLORADO GAS UTILITY COMPANY, LP D/B/A BLACK HILLS ENERGY FOR COMMISSION APPROVAL OF AN ALTERNATIVE FORM OF NOTICE TO UPDATE ITS GAS METER SAMPLING PROGRAM AND REVISE ITS MEASUREMENT EQUIPMENT AND TESTING TARIFF APPLICATION FOR ALTERNATIVE FORM OF NOTICE Pursuant to C.R.S. 40-3-104(1)(c)(I)(D), Black Hills/Colorado Gas Utility Company, LP d/b/a Black Hills Energy ( Black Hills, Company or Applicant ), by its undersigned attorney, requests that the Public Utilities Commission of the State of Colorado (the Commission ) enter an Order approving an alternative form of notice that will apply to the updated Gas Meter Sampling Program and Measurement Equipment and Testing tariff changes that Black Hills seeks to implement pursuant to its Application filed by Black Hills/Colorado Gas Utility Company, LP for Approval of Updated Gas Meter Sampling Program and for Approval of Revisions to its Measurement Equipment and Testing Tariff (the Gas Meter Application ). Black Hills also seeks a waiver of the Rule 1206(d) 30-day Commission notice and intervention period for this Application, pursuant to Rule 1003(b). In support of the relief requested, Black Hills states as follows: 1. On November 13, 2015, the Company filed the Gas Meter Application affecting residential and non-residential customers pursuant to its tariffs on file with the Commission. Black Hills is requesting (a) approval of Black Hills updated Gas Meter Sampling Program and (b) approval of revisions to Black Hills Measurement Equipment and Testing tariff.
2. By this Application, Black Hills seeks Commission approval to provide alternative notice of its Gas Meter Application. 3. Specifically, Black Hills seeks Commission authorization to use the following form of alternative notice: a. Filing with the Commission, and keeping open for inspection, the Gas Meter Application; b. Posting on the website for Black Hills: (1) a Customer Notice attached hereto, which is also attached to the Gas Meter Application as Attachment D ( Customer Notice ) and (2) the Gas Meter Application and its attachments, for sixty (60) days beginning with the date of filing the Gas Meter Application; c. Printing a message on each customer s bill providing the website URL for the Customer Notice and the Gas Meter Application and its attachments, as well as a tollfree phone number for assistance, for one full billing cycle beginning on a bill cycle starting within one-week after filing the Gas Meter Application; and d. Publishing the Customer Notice, with size dimensions of four columns width and 11 inches height, in The Colorado Springs Gazette, a newspaper of general circulation for the service territory. Such Customer Notice will be published on two consecutive Fridays, November 20 and November 27, 2015. 4. The Company plans to go forward with this alternative form of notice. The Company would like to avoid incurring time and materials expense for printing customer bill inserts, where such expense includes both Company employees and third-party vendors. In the event the Commission denies this Application, and determines that additional notice is required, the Company will provide additional notice consistent with the Commission s order. 2
5. There is good cause for the alternative form of notice requested by this Application. A bill message, unlike a bill insert, provides more visibility to the customer because it is presented on the first page of the bill, where the customer looks for dollar amount due and the payment deadline. The website posting will provide the required information regarding the Gas Meter Application to the general public. The toll-free phone number provided in the bill message will give customers a second option to learn more about the Gas Meter Application if they cannot access the internet for the Company s website. The newspaper publication will provide accessible and timely notice across the Company s service territory. These alternative forms of notice are expeditious and economic for the Company s customers. 6. Information Required By Rules 4002(b) and (c): a. Name and Address of Applicant. The Applicant is Black Hills/Colorado Gas Utility Company, LP d/b/a Black Hills Energy. Black Hills s principal office for natural gas operations in Colorado is located at 7060 Alegre Street, Fountain, CO 80817. b. Name Under Which Applicant Is, or Will Be Providing Service in Colorado. Applicant provides service under Black Hills Energy. Black Hills Energy is its registered trade name on file with the Colorado Secretary of State s office. c. Agreement to Comply with 4 Colo. Code Regs. 723-4-4002(b)(IV)-(VI). Black Hills has read, and agrees to abide by, the provisions of Rule 4002(b)(IV)-(VI). d. Representatives to Whom Inquiries Concerning the Application Should Be Made. Copies of all notices, other correspondence, and all inquiries concerning this application should be sent to: 3
Fredric C. Stoffel Director, Colorado Regulatory Services Black Hills Corporation 1515 Wynkoop, Suite 500 Denver, CO 80202 (303) 566-3386 fred.stoffel@blackhillscorp.com Kevin L. Opp Corporate Counsel Black Hills Corporation 1515 Wynkoop, Suite 500 Denver, CO 80202 (303) 566-3455 kevin.opp@blackhillscorp.com e. Description of Existing Operations and General Colorado Service Area. The Company provides gas service to approximately 77,000 customers in the east central area of Colorado. A complete listing of the operations and service territory is set forth in the Company s tariffs on file with the Commission. f. Location of Hearing. If a hearing is held on this application, Black Hills prefers that the hearing be held at the Commission s offices in Denver, Colorado. g. Acknowledgment. Black Hills has read and agrees to abide by the provisions of Rule 4002(b)(XI)(A)-(C). h. Statement Under Oath. The undersigned counsel for Black Hills states under penalty of perjury that the contents of this application are true, accurate and correct. 7. Information Required by Rules 1310(a) and 4002(c). Pursuant to Rule 1310(a), Black Hills filed the required regulated entity information with the Commission on September 11, 2008 in Miscellaneous Docket No. 06M-525EG. This information was most recently updated on January 8, 2015. The regulated entity information maintained by Black Hills in Miscellaneous Docket No. 06M-525EG is incorporated by reference into this Application. WHEREFORE, for the reasons set forth herein, Black Hills respectfully requests that the Commission waive the notice and intervention period for this Application and approve the alternative form of notice set forth in this Application. 4
Date: November 13, 2015 Respectfully submitted, /s/ Matthew S. Larson Matthew S. Larson, #41305 Wilkinson Barker Knauer LLP 1755 Blake Street, Suite 470 Denver, Colorado 80202 Telephone: (303) 626-2327 E-mail: mlarson@wbklaw.com Kevin L. Opp, #36607 Corporate Counsel Black Hills Corporation 1515 Wynkoop Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 566-3455 Email: kevin.opp@blackhillscorp.com Attorneys for Black Hills/Colorado Gas Utility Company, LP 5
CERTIFICATE OF SERVICE I hereby certify that on November 13, 2015, the foregoing document was served via electronic filing with the Commission and served on those parties shown on the Commission s Certificate of Service accompanying such filing. /s/ Margo A. Parker Margo A. Parker 6