PUC adopts best-value employment rules and ESPW clarifications with minor edits

The Public Utilities Commission on Oct. 29 adopted revisions to its electric and gas rules to implement provisions of Senate Bill 23-292 related to best-value employment (BVE) metrics and energy-sector public works (ESPW) projects. Staff and an administrative law judge had developed a recommended decision incorporating stakeholder "blue-line" edits; Public Service Company filed two limited exceptions seeking minor clarifying edits.

Advisory staff summarized the rule changes as adding definitions for crafts labor certification, ESPW projects and project labor agreements; adopting a new labor-requirements rule; and modifying CPCN and ERP rules to reflect updated BVE and ESPW expectations. Public Service asked the commission to remove a duplicate reference to the $500,000 ratepayer-funding threshold in the ESPW definition and to correct a cross-reference in rule 32-11(c)(3). Staff agreed that both corrections improve clarity and recommended adoption of the ALJ's decision with those two changes.

Commissioners expressed support for the rules as an important addition to ensure consistent labor and reporting standards, thanked unions and stakeholders for participation, and said they will closely examine the metrics and reporting during near-term resource procurements.

The commission approved the ALJ's recommended decision with the two clarifying edits requested by Public Service. The order will be an ABC (administrative business) order, with staff and counsel to insert the commissioners' comments into the final text.

Speakers in the record included advisory staff and counsel. The commission's action is an adoption of rule changes as set out in the ALJ recommended decision, with the two minor corrections specified by Public Service.