Public Service Co. of Colorado v. City of Boulder

The Colorado Court of Appeals ruled that a district court lacked jurisdiction over a challenge by Public Service Company of Colorado (Xcel) to ordinances passed by the City of Boulder to implement a charter amendment that authorized the City to establish a new light and power utility if certain conditions were met. (Xcel is the current provider of electricity to Boulder customers.) One of the charter amendment’s conditions required that the new utility have a plan for reduced greenhouse gas emissions and increased renewable energy. The two ordinances challenged by Xcel accepted a third-party expert’s conclusion that the conditions precedent had been met and stated the City’s intention to establish a new utility. The appellate court said that the district court had erred in dismissing Xcel’s action as time-barred, but that the district court did not have jurisdiction because the ordinances were not final actions. More documents in this case are available <a href="https://documents.bouldercolorado.gov/WebLink8/0/fol/126574/Row1.aspx">here</a>.