An administrative law judge at the Colorado Public Utilities Commission partially restricted evidence about a separate airport contract dispute and set a Wednesday noon deadline for written responses to late motions as three carriers prepared for a three-day hearing next week in Steamboat.

Connor Farley, the assigned administrative law judge, opened a remote prehearing conference Monday in proceeding 25-0202CP and said the case is scheduled to proceed next Tuesday. The case centers on Emerald Express Transportation's application for permanent authority to provide service; opposing parties include Ski Town Transportation (NDW Enterprises) and Alpine Taxi.

Richard Barra, counsel for Ski Town Transportation, told the judge a dispositive motion to dismiss had been filed because the applicant had not filed exhibits required by the commission and that his client was prejudiced by the late disclosure. "We are materially disadvantaged," Barra said, arguing dismissal or a continuance was needed so Ski Town could prepare.

Leonora Plimpton, counsel for Emerald Express, said documents had been produced only recently through CORA and that her team intended to rely primarily on witness testimony. She said some documents could be used as rebuttal exhibits and asked for the opportunity to respond in writing to motions filed late on Friday.

Mark Valentine, counsel for Alpine Taxi, urged the judge to exclude evidence about Alpine's separate contract dispute with Yampa Valley Regional Airport, arguing the airport lacks authority to regulate common carriers and that any airport decision was a prejudicial commercial dispute. "Yampa Valley Regional Airport does not have the authority to regulate common carriers," Valentine said, urging a motion in limine.

Farley said he must consider that Alpine currently cannot provide service to the airport, but warned he did not want the PUC hearing to duplicate the pending declaratory-judgment action. He told parties he would allow testimony about the historical quality of Alpine's service and evidence relevant to whether an incumbent was "ready, willing and able," while limiting detailed accounting and contractual proof that belongs in the other proceeding. "I really do not want to have a hearing that's addressing evidence that's going to duplicate what's going to be presented in the declaratory judgment action," Farley said.

The judge granted Alpine's motion in limine in part and denied it in part consistent with those parameters. He also gave all parties through Wednesday at noon to file formal written responses to motions that were emailed late Friday, including a motion to dismiss by Ski Town and a motion to strike and discovery sanctions email from Emerald.

On logistics, Farley asked each side how many witnesses they expect to call. Plimpton estimated four to seven witnesses would likely testify (her original list included nine); Alpine and Ski Town each said they anticipate calling two witnesses. Farley confirmed the evidentiary hearing is set for three days and kept the in-person location in Steamboat, while urging parties to monitor weather that could affect travel.

Plimpton additionally sought leave to substitute a witness who became unavailable; she said Michael Bucchino would replace Steve Montien and asked to submit a city council letter of support tied to that testimony. Farley said he would provisionally allow a planning substitution and treat the witness as a "maybe," and he permitted Barra to make an oral motion at the hearing if he wished to object.

Next steps: parties have until noon Wednesday to file written responses to late motions; the evidentiary hearing remains scheduled for next Tuesday in Steamboat for up to three days, subject to weather-related changes. Farley adjourned the prehearing conference and told participants to monitor email for any travel or scheduling updates.