PUC opens rulemaking to clarify optional basic emergency service components and reimbursement

The Colorado Public Utilities Commission on April 23 opened a notice of proposed rulemaking to clarify what parts of basic emergency service (BES) tariffs may be offered as optional and whether and how those optional components can be reimbursed from the state 9‑1‑1 surcharge.

Commission staff said the NOPR follows Decision C20‑5‑0152 in a CenturyLink proceeding and a joint petition filed by 9‑1‑1 authorities asking for clarity about optional BES tariff items. The draft rules would add definitions for “core BES component” and “optional BES component,” direct BES providers on classifying required components, lay out reimbursement criteria for both categories, and add items to the annual 9‑1‑1 data collection to inform future decisions.

Kirkland, the staff presenter, told commissioners that a pre‑notice draft circulated to the commission’s 9‑1‑1 advisory task force and three workshops produced a consensus draft attached to the recommended decision. Staff recommended adopting the draft decision to open the NOPR, set the matter for hearing, and refer the matter to an administrative law judge.

Commissioners voted in favor of opening the rulemaking and referring it to an ALJ. The action starts a formal stakeholder process and will lead to a formal notice of proposed rulemaking for Commission consideration.

The NOPR would change the BES tariff rules, including the reimbursement criteria for optional tariff components and the annual data collection scope for 9‑1‑1 governing bodies. Staff said the rulemaking is intended to allow optional BES services in tariff while ensuring the 9‑1‑1 surcharge is applied only as Commission rules permit.

Next steps include the formal NOPR filing and the scheduling of a hearing and stakeholder workshops under the PUC rulemaking timeline. The Commission did not set specific dates for the rulemaking vote; staff will circulate next procedural steps to participants.