BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Proceeding No. 15A - G IN THE MATTER OF THE 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 UNOPPOSED MOTION TO SHORTEN NOTICE AND INTERVENTION PERIOD, EXPEDITE REVIEW OF APPLICATION, AND REQUEST FOR WAIVER OF RESPONSE TIME Pursuant to Rules 1206(d), 1308(c) and 1400, Black Hills/Colorado Gas Utility Company, LP ( Black Hills or the Company ), by its undersigned attorneys, submits this submits this Motion to Shorten Notice and Intervention Period, Expedite Review of Application, and Request for Waiver of Response Time ( Motion ) to allow Black Hills to implement its updated Gas Meter Sampling Program ( Sampling Program ) and revise its Measurement Equipment and Testing tariff ( Tariff ) before the end of the year. In support of this Motion, Black Hills states as follows: Rule 1400(a) Certification. Pursuant to Rule 1400(a), the undersigned certifies that Black Hills conferred with Trial Staff of the Colorado Public Utilities Commission ( Staff ) and the Colorado Office of Consumer Counsel ( OCC ) and is authorized to represent that the Motion is unopposed. BACKGROUND 1. Black Hills is a public utility subject to the jurisdiction of the Commission, pursuant to C.R.S. 40-1-103 et. seq., including the rules and regulations of the Commission pertaining to gas utilities set forth in 4 CCR 723-4. 1
2. Black Hills provides gas service under the name of Black Hills/Colorado Gas Utility Company, LP. Black Hills Energy is its registered trade name with the Colorado Secretary of State s office. Black Hills principal place of business for gas operations in Colorado is located at 7060 Alegre Street, Fountain, CO 80817. 3. Black Hills provides gas service to approximately 77,000 natural gas customers in the east central area of Colorado. 4. Black Hills sought approval of its current Gas Meter Sampling Program ( Current Sampling Program ) in Proceeding No. 10A-134G. 5. In Proceeding No. 10A-134G, Black Hills and Staff (the only other party to the proceeding) reached a global Settlement Agreement resolving all issues in the proceeding. The Settlement Agreement included, among other things, the Resolution of Issue 5: Initial Placing of Meters into the Sample Pool. Consistent with this resolution, Black Hills and Staff agreed: Black Hills shall analyze the test results and Black Hills commits to file an application five years from the effective date of the Commission s decision approving this Settlement Agreement, seeking authorization to make the 15 year time period installation for domestic meters and 10 year time period for intermediate meters a permanent fixture of the Black Hills gas meter sampling program, or proposing a different period of years for including meters in the sample testing lots. 1 6. By Decision No. R10-1013, Administrative Law Judge Dale E. Isley approved the Settlement Agreement. This recommended decision became a decision of the Commission 20 days later pursuant to Rule 1505(a). 7. On September 8, 2015, Black Hills filed an Unopposed Petition for Variance from Decision No. R10-1013 and Request for Waiver of Response Time, seeking an extension from the September 15, 2015 deadline to file an application regarding the Resolution of Issue 5 to November 16, 2015. As part of its petition, Black Hills stated that it has been evaluating test 1 Decision No. R10-1013, Attachment I, at 4, Proceeding No. 10A-134G (mailed Sept. 15, 2010). 2
results and requires additional time to complete its analysis and to address the results of such analysis with Staff. 2 8. By Decision No. C15-1004, the Commission granted the petition and extended the deadline to file the information required by the Settlement Agreement to November 16, 2015. 9. The Company continued discussions with Staff and OCC regarding the information required by the Settlement Agreement and potential changes to the Current Sampling Program and the Tariff. Black Hills, Staff and OCC reached agreement on the scope and contents of the Sampling Program and gas meter testing protocols. 10. Following this agreement, the Company elected to file a new application pursuant to Rule 4304(b) to request approval of the Sampling Program as well as revisions to the Tariff. The Sampling Program is fundamentally similar to the Current Sampling Program, but contains refinements that further enhance the testing protocols at a reasonable cost. 11. On November 16, 2015, contemporaneously with this Motion, Black Hills filed an Unopposed Verified Application seeking approval of its Sampling Program and Tariff. MOTION 12. As discussed in the Verified Application, Black Hills has compiled meter testing data and conducted significant analysis of the Current Sampling Program. In compiling and analyzing its data to develop the updated Sampling Program, the Company has worked extensively with both Staff and OCC. This includes seeking and obtaining feedback and input on potential scenarios for the Sampling Program and other gas meter testing protocols, and has involved a series of meetings with constructive discussion resulting in enhanced testing protocols at a reasonable cost. 2 Unopposed Petition for Variance from Decision No. R10-1013 and Request for Waiver of Response Time, at 5, Proceeding No. 10A-134G (filed Sept. 8, 2015). 3
13. The Company engaged in this process consistent with the Settlement Agreement and also with the goal of avoiding a litigated proceeding with regard to its Sampling Program and revisions to its Tariff. As a result of this process, the Company is authorized to state, as set forth above, that its Verified Application and the requests in this Motion are unopposed by Staff and OCC. 14. For this reason, and particularly given that Staff was the only party to Black Hills last gas meter sampling proceeding (Proceeding No. 10A-134G), Black Hills respectfully requests that the Commission shorten the notice and intervention period to ten (10) days pursuant to its authority under Rule 1206(d). The Company further requests that the Commission consider its Verified Application on an expedited basis. This timing will allow Black Hills to begin implementing the new testing protocols as soon as possible and before the end of the calendar year. REQUEST FOR WAIVER OF RESPONSE TIME 15. Pursuant to Rule 1308(c), Black Hills requests a waiver of response time to this Motion. Good cause exists for such a waiver because the Motion is unopposed by both Staff and OCC, and Staff was the only party to the Company s previous gas meter sampling proceeding (Proceeding No. 10A-134G). In addition, good cause exists because time is of the essence as Black Hills seeks to implement its updated Sampling Program by the end of the calendar year. WHEREFORE, Black Hills respectfully requests that the Commission (1) shorten the notice and intervention period in this proceeding to ten (10) days, (2) expedite consideration of the Unopposed Verified Application, and (3) waive response time to this Motion. 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