CO Code § 40-6-116 (2021)
2021 Colorado Code|Title 40 - Utilities|Article 6 - Hearings and Investigations|§ 40-6-116. Suspension of Decision - Notice - Bond - Accounting Pending Review

  The pendency of a writ of certiorari or review shall not of itself stay or suspend the operation of the decision of the commission; but, during the pendency of such writ, the district court, in its discretion, may stay or suspend, in whole or in part, the operation of the commission's decision.    No order so staying or suspending any decision of the commission shall be made other than upon three days' notice and after hearing; and if the decision of the commission is suspended, the order suspending the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage.    In case the decision of the commission is stayed or suspended, the order of the court shall not become effective until a suspending bond has been filed with and approved by the district court, and sufficient in amount and security to insure the prompt payment, by the party petitioning for the review, of all damages caused by the delay in the enforcement of the decision of the commission, and of all moneys which any person may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity, or service in excess of the charges fixed by the decision of the commission in case said decision is sustained. The district court, in case it stays or suspends the decision of the commission in any matter affecting rates, fares, tolls, rentals, charges, or classifications, by order, shall direct the public utility affected to pay into court from time to time, there to be impounded until the final decision of the case, or into some bank or trust company under such conditions as the court may prescribe all sums of money which it may collect from any person in excess of the sum such person would have been compelled to pay if the decision of the commission had not been stayed or suspended.    In case the district court stays or suspends any decision lowering any rate, fare, toll, rental, charge, or classification, the commission, upon the filing and approval of said suspending bond, shall forthwith require the public utility affected, under penalty of the immediate enforcement of the decision of the commission, pending review and notwithstanding the suspending order, to keep such accounts, verified by oath, as may, in the judgment of the commission, suffice to show the amounts being charged or received by such public utility, pending review, in excess of the charges allowed by the decision of the commission, together with the names and addresses of the persons to whom overcharges will be refundable in case the charges made by the public utility, pending review, are not sustained by the district court. The court, from time to time, may require the party petitioning for a review to give additional security on, or to increase, the suspending bond, whenever in the opinion of the court the same may be necessary to insure the prompt payment of said damages and said overcharges.    Upon the final decision by the district court, all moneys which the public utility may have collected, pending the appeal, in excess of those authorized by such final decision, together with interest, in case the court ordered the deposits of such moneys in a bank or trust company, shall be promptly paid to the persons entitled thereto, in such manner and through such methods of distribution as may be prescribed by the commission. If any moneys are not claimed by the persons entitled thereto within one year from the final decision of the district court, the commission shall cause notice to such persons to be given by publication once a week for two successive weeks in a newspaper of general circulation printed and published in the city and county of Denver and in such other newspapers as may be designated by the commission, said notice to state the names of persons entitled to such moneys and the amounts due each person. All moneys not claimed within ninety days after publication of such notice shall be paid by the public utility, under the direction of the commission, into the state treasury and credited to the general fund.     History. Source: L. 13: P. 498, § 53. C.L. § 2962. CSA: C. 137, § 53. L. 45: P. 532, § 9. CRS 53: § 115-6-16. C.R.S. 1963: § 115-6-16. L. 69: P. 951, § 48. L. 75: (1) amended, p. 227, § 91, effective July 16. History. Source: L. 13: P. 498, § 53. C.L. § 2962. CSA: C. 137, § 53. L. 45: P. 532, § 9. CRS 53: § 115-6-16. C.R.S. 1963: § 115-6-16. L. 69: P. 951, § 48. L. 75: (1) amended, p. 227, § 91, effective July 16.    ANNOTATION   Law reviews. For article, “Prosecuting an Appeal from a Decision of the Colorado Public Utilities Commission”, see 16 Colo. Law. 2163 (1987).   When rate is approved by regulatory commission and is collected without suspension or bond, rate is not subject to refund. Mtn. States Tel. & Tel. Co. v. Pub. Utils. Comm'n, 176 Colo. 457 , 491 P.2d 582 (1972).   Court may, on review of commission order, require correction of legal errors in order and provide refunds to customers of utility notwithstanding approval by commission and lack of suspension or bond. Mtn. States Tel. & Tel. Co. v. Pub. Utils. Comm'n, 176 Colo. 457 , 491 P.2d 582 (1972).   This section, read as a whole, authorizes the district court to remand a case to the PUC for determination of the manner and method of distribution of excess amounts charged by a public utility in a refund case. Atlantic Richfield v. District Court, 794 P.2d 253 (Colo. 1990).   The provisions of this section for suspension of an order of the commission is permissive only, and in no sense a requirement. The suspension if granted is equivalent to the allowance of a supersedeas in other cases. An aggrieved party is not deprived of the right of review by failure to apply for the suspension. Denver & S. L. R. R. v. Chicago, B. & Q. R. R., 67 Colo. 155 , 185 P. 817 (1919).