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The Colorado Public Utilities Commission (“Commission”) adopted an Order on December 12th codifying Colorado legislation titled “The Energy Storage Procurement Act” (“Act”).

The Act required that on or before February 1, 2019, the Commission establish, by rule as part of a planning process, mechanisms for the procurement of energy storage systems by electric utilities.

In addressing comments submitted in the proposed rulemaking, the Commission determined that language in the Act mandates consideration for energy storage systems not only in the electric resource plan process, but in other planning processes as well. It concludes that the Act affects planning processes for acquisition of supply-side utility-scale resources, transmission facilities, and distribution facilities.

The Commission in its preamble to the Order also addresses:

• Generation, transmission and distribution planning rules
• Confidential information provided to third parties
• Inability to bid and subsequent requests for proposal

A copy of the Order can be found here.