PUC holds prehearing conference in Public Service Co. Colorado appeal; schedules public comment hearing and discusses AI transcript

The Colorado Public Utilities Commission held a prehearing conference at 1 p.m. on Wednesday, Oct. 22, 2025, in Proceeding No. 25-0354E, Public Service Company of Colorado's application appealing Albert County's denial of siting permits, Chair Eric Blank said.

The session focused on the procedural schedule, discovery protocol, logistics for a public comment hearing in Kiowa, and whether an AI-produced transcript of the county hearing may be admitted into the commission record.

Why it matters: the conference set deadlines and notice procedures that shape the evidentiary record the commission will use to decide whether to sustain Albert County's denial or to grant the company's appeal.

The commission said it will proceed on the consensus procedural schedule filed Oct. 15, 2025, and confirmed the parties will follow the commission's normal discovery rules. "By decision C25-0733-I, the commission scheduled this prehearing conference, pursuant to commission rules, regulating electric utilities," Blank said at the start of the conference.

Albert County, represented by outside counsel Jim Martin of Beatty Wozniak, asked whether the procedural schedule should explicitly allocate time for discovery. Martin said the county did not expect to need discovery immediately but wanted to preserve the right to seek it later. "We don't anticipate at this moment that we'll need discovery, but is there the right to request the opportunity to conduct some discovery later in this process?" Martin asked. Commissioners and counsel agreed discovery will proceed under the commission's standard rules.

The parties discussed logistics for the required public comment hearing. Commission staff said Albert County had proposed holding the comment hearing at the Agricultural Building at the Albert County Fairgrounds in Kiowa and provided a set of potential dates. Chair Blank said the commission was "honing in on December 9, 10, or 11" for the public comment hearing and that staff would confirm availability with the full commission and communicate dates in a written order.

Public notice plan: Public Service Company of Colorado proposed sending first-class mail to landowners near the project area and publishing notice in two newspapers, the Ranch Land News and The Denver Post. The company said the mail list would include approximately 300 landowners near the project. Tyler Mansholt, in-house counsel for Public Service Company of Colorado, said the company had no objection to the proposed Kiowa site and would work with the county and other parties on notice details. "We certainly saw the location, and we've got no concern there," Mansholt said.

Albert County counsel said some residents feel "angst" about receiving direct mailings from the utility and proposed that local groups that have served as liaisons offer to distribute notice to their contacts. "It has nothing to do with us. Just there's a level of angst, if I might use that word, in the county," Martin said. Commissioners asked the parties to confer and present a consensus proposal for how to effect notice; the commission indicated it is willing to accommodate a county-preferred approach.

The parties also debated admitting a transcript of the county's public hearing into the commission record. Albert County said it had an AI-produced transcript of the county hearing but acknowledged the output was "less than perfect" and asked whether the commission would accept an AI transcription or require a manually produced transcript. "It's less than perfect. We'd appreciate the chairs and Commissioner Plant's advice on whether an AI transcript will work or whether you'd like us to provide a manually, manually produced, transcript of the hearing," Martin said.

Commission counsel and other parties said the county may propose the transcript as a hearing exhibit and the parties would have an opportunity to review it before deciding whether to object. The company offered to help produce or fund a transcript if necessary; the parties agreed to try to get a transcript into the record before answer testimony is due, with a target timeframe in November. "I think that would be my preference," Lindsay Dundas, commission counsel, said about getting a transcript into the record for parties to review prior to answer testimony. The commission also agreed to circulate a written order confirming the schedule and hearing details.

What was not decided: the conference did not resolve every detail of notice distribution or the final method for preparing the county hearing transcript; parties were directed to confer and return to the commission with a proposed notice plan and a timeline for delivering a record transcript.

Meeting participants who formally appeared included Chair Eric Blank and Commissioner Tom Plant; counsel for Public Service Company of Colorado (Tyler Mansholt, in-house counsel, and Kalyn Shields, outside counsel at Wilkinson Barker Knauer); counsel for Albert County (Jim Martin, Beatty Wozniak, and anticipated county attorney Mr. Ringalls); trial staff and counsel from the Colorado Attorney General's Office (Brian Krakus and Justin Larson); Gabby Falcon representing the Colorado Energy Office; Julian and Laura Ellis for Bar E Ranch Land Holdings; Alan Howard Kutzter for COSA; and Lindsay Dundas of commission counsel. The parties said they would confirm dates and follow up with the commission in writing.

Taper: The commission said it will issue a written order confirming hearing dates and notice requirements after staff confirms commissioner availability, and the parties will continue conferrals on notice and transcript issues before the filing of answer testimony.