Company says city has not addressed FERC jurisdiction in its process

DENVER - Xcel Energy today asked the Federal Energy Regulatory Commission (FERC) to issue declaratory rulings regarding Boulder, Colo.'s efforts to condemn company assets in and around the city, affirming FERC's jurisdiction over the transfer of assets under the Federal Power Act. The city proposes taking various company assets, including high voltage transmission facilities that consist of approximately 32 miles of transmission line and all or part of 9 substations. These transmission and substation facilities are part of Xcel Energy's integrated, statewide electric system.

"Under Section 203 of the Federal Power Act, FERC must grant prior approval of the transfer of assets greater than $10 million," said Bill Dudley, lead assistant general counsel for Xcel Energy.

The Colorado Public Utilities Commission (CPUC) has directed Boulder to initiate a proceeding with it to address the transfer of facilities that impact customers outside of the city prior to filing a condemnation case. Instead of following the CPUC's directive, Boulder opted to file a condemnation case against the company in July. That case also fails to acknowledge FERC's jurisdiction over the transfer of transmission facilities.

"Given the present situation, we believe it is important to ask FERC to declare its jurisdiction over the transfer of transmission facilities and for the city of Boulder to follow all required regulatory processes, both with the CPUC and the FERC," Dudley stated.

In its filing, Xcel Energy has asked that FERC make the following three rulings:

  •  The city of Boulder cannot condemn the transmission facilities it seeks without prior FERC approval;
  •  In considering whether to grant approval, FERC will consider such factors as cost impacts and the impact on system reliability; and
  • FERC jurisdiction does not replace or override the Colorado Public Utilities Commission's (CPUC) jurisdiction.
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