§ 40-41-108. Judicial Review of Financing Orders
A financing order is a final order of the commission. Notwithstanding section 40-6-115 (5) specifying proper venue for petition filings, a party aggrieved by the issuance of a financing order may petition for suspension and review of the financing order only in the district court for the city and county of Denver. In the case […]
§ 40-41-109. Electric Utilities – Duties – Rate Impact Notice to Customers
The electric bills of an electric utility that has obtained a financing order and caused CO-EI bonds to be issued: Must explicitly reflect that a portion of the charges on the bill represents CO-EI charges approved in a financing order issued to the electric utility and, if the CO-EI property has been transferred to an […]
§ 40-41-110. Co-Ei Property
CO-EI property that is described in a financing order constitutes an existing present property right or interest in an existing present property right even though the imposition and collection of CO-EI charges depends on the electric utility to which the financing order is issued performing its servicing functions relating to the collection of CO-EI charges […]
§ 40-41-111. Co-Ei Bonds – Legal Investments – Not Public Debt – Pledge of State
Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money within their control in CO-EI bonds. Public entities, as defined in section 24-75-601 (1), may invest public funds in CO-EI bonds only if the CO-EI bonds satisfy the investment requirements established in part 6 […]
§ 40-41-112. Assignee or Financing Party Not Automatically Subject to Commission Regulation
An electric utility, assignee, or financing party that is not already regulated by the commission does not become subject to commission regulation solely as a result of engaging in any transaction authorized by or described in this article 41. Source: L. 2019: Entire article added, (SB 19-236), ch. 359, p. 3329, § 26, effective May […]
§ 40-41-113. Effect of Other Laws and Judicial Decisions
If any provision of this article 41 conflicts with any other law regarding the attachment, assignment, perfection, effect of perfection, or priority of any security interest in or transfer of CO-EI property, the provision of this article 41 governs to the extent of the conflict. Effective on the date that CO-EI bonds are first issued, […]
§ 40-41-114. Choice of Law
The laws of this state govern the validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the transfer of an interest or right or creation of a security interest in any CO-EI property, CO-EI charge, or financing order. Source: L. 2019: Entire article added, (SB 19-236), ch. 359, p. 3330, § 26, […]
§ 40-41-115. Security Interests in Co-Ei Property
The creation, perfection, and enforcement of any security interest in CO-EI property to secure the repayment of the principal of and interest on CO-EI bonds, amounts payable under any ancillary agreement, and other financing costs are governed by this section and not by the “Uniform Commercial Code”, title 4, to the extent of any conflict. […]
§ 40-41-116. Sales of Co-Ei Property
A sale, assignment, or transfer of CO-EI property is an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller’s right, title, and interest in, to, and under the CO-EI property if the documents governing the transaction expressly state that the transaction is a sale or other […]
§ 40-41-103. Financing Orders – Application Requirements
An electric utility, in its sole discretion, may apply to the commission for a financing order as authorized by this section. An investor-owned or other regulated electric utility may file an application for approval to issue CO-EI bonds in one or more series, impose, charge, and collect CO-EI charges, and create CO-EI property related to: […]