May 29: Boulder Announces First Round of Virtual Townhalls to Provide Feedback on Negotiations With Xcel Energy
The City of Boulder is hosting a series of virtual townhalls for the public to provide feedback on ongoing negotiations with Xcel Energy. Representatives from Xcel Energy will be present at some or all of the events.
- Friday, June 5 from 2:30 to 4 p.m.
- Wednesday, June 10 from 5:30 to 7 p.m.
- Wednesday, June 24 from 5:30 to 7 p.m.
May 12, 2020: City and Xcel announce renewed settlement discussions
On May 12, 2020, Mayor Sam Weaver announced that the city and Xcel Energy had begun to engage in settlement negotiations that may end the city's municipalization efforts. Read the city's press release for more information.
April 14, 2020: Boulder District Court Stays Boulder's Condemnation Case
District Court Judge Andrew MacDonald has granted Xcel Energy’s motion to stay the City of Boulder’s condemnation case. The case, which the city filed in December, will be stayed until the final resolution of pending appellate issues. Judge MacDonald attached Xcel Energy's proposed motion to stay to his one-page ruling.
Feb. 6, 2020: City files application at FERC
On Feb. 6, the city filed an application with the Federal Energy Regulatory Commission (FERC) for FERC to issue an order directing Xcel Energy to establish interconnections on just, reasonable and non-discriminatory terms and conditions between its transmission system and the electric load for the city’s distribution system consistent with Xcel’s Facilities Studies for each substation. FERC has accepted the City’s filing and Xcel’s response is due Feb. 27.
Jan. 30, 2020: City hosts Local Power Update
At the meeting, city staff provided an update on the project, including acquisition, engineering and the key steps for the project in 2020. A staff presentation was followed by audience Q&A. View the slides and watch the presentation.
Jan. 27, 2020: Xcel Energy responds to city's third condemnation petition; files motion to dismiss
Jan. 10, 2020: Xcel Energy files reply in support of motion for attorney's fees
In September 2019, the Boulder District Court dismissed the city's petition to condemn Xcel Energy assets.
After dismissal, Xcel Energy filed a motion seeking repayment of approximately $210,000 in attorney’s fees incurred in filing their Aug. 5 motion to dismiss the city’s condemnation case.
Dec. 19: City files in District Court to condemn Xcel Energy assets necessary for local electric utility
On Dec. 19, the City of Boulder filed a petition to condemn Xcel Energy electric distribution assets in Boulder District Court following good faith negotiations with the Minneapolis-based company.
Dec. 10: Staff provides update for City Council
On Dec. 10, Director of Climate Initiatives, Steve Catanach, led a discussion with City Council about Local Power. The discussion centered on several important topics, including:
- Timing of the Go/No-Go Decision: Moving to 2021
- Updates in key project areas
- Communication and Engagement
Nov. 20: City offers nearly $94 million for assets necessary for local electric utility
The City of Boulder offered to purchase certain portions of Xcel Energy electric infrastructure for $93.96 million in a Nov. 20 letter to the Minneapolis-based utility.
The city’s offer comes after an Oct. 28 Colorado Public Utilities Commission ruling that approved transfer of Xcel Energy assets outside substations to the city.
“We’ve made an offer that we hope Xcel will seriously consider,” said City Attorney Tom Carr.
Nov. 20: City responds to Xcel's motion for attorney's fees generated in the city's condemnation petition
On Nov. 20, the City of Boulder filed a response to Xcel's motion to be reimbursed for $210,000 in attorney's fees. In October, Xcel filed seeking repayment of approximately $210,000 in attorney’s fees incurred in filing their Aug. 5 motion to dismiss the city’s condemnation case. Under the law, Xcel is entitled to recover only the reasonable amount of attorney’s fees for filing the Motion to Dismiss. Xcel is not entitled to reimbursement for fees incurred in filing other documents or working with other parties to the case.
Payment of attorney’s fees is a risk the city identified prior to filing for condemnation in June.
Oct. 28, 2019: Regulators Grant Boulder Unconditional Approval to Transfer Xcel Assets, Completing Colorado PUC Proceeding
On Oct. 28, the Colorado Public Utilities Commission (PUC) granted the City of Boulder written approval to transfer some assets necessary for Boulder to create a community-owned, city-run electric utility. The decision ends the multi-year process before the commission that began in 2015, issung a ruling based on their Oct. 10 discussion .
PUC approval is a key step in the Local Power project. In a future election, Boulder voters will determine whether the city ultimately creates a local electric utility. Prior to this vote, the city’s work is focused on identifying key costs; one of these is the cost to acquire parts of the existing electric system from Xcel Energy. The ruling clarifies what the city will seek to acquire through condemnation, the process that will determine the acquisition cost.
Oct. 23, 2019: City files notice of appeal of condemnation dismissal
On Oct. 23, the city filed a notice of appeal of the court’s Sept. 4 decision to dismiss the city's condemnation petition.
The city is also reviewing Xcel’s Oct. 16 filing seeking repayment of approximately $210,000 in attorney’s fees incurred in filing their Aug. 5 motion to dismiss the city’s condemnation case. Under the law, Xcel is entitled to recover only the reasonable amount of attorney’s fees for filing the Motion to Dismiss. Xcel is not entitled to reimbursement for fees incurred in filing other documents or working with other parties to the case.
Payment of attorney’s fees is a risk the city identified prior to filing for condemnation in June. If the city objects to the attorney’s fees as being excessive, the court will hold a hearing on the reasonableness of the attorney’s fees. The city responded to the motion on Nov. 20.
Visit the Costs page for information on the city's financial analysis the of a city-run, community owned electric utility.
Sept. 4, 2019: Boulder district court grants Xcel Energy motion to dismiss city’s condemnation filing; PUC charts path to complete process
Judge Thomas Mulvahill granted Xcel Energy’s Aug. 5, 2019 motion to dismiss the city’s condemnation filing. The city’s June 28 condemnation petition was in support of Boulder’s Local Power project, the city’s exploration of creating a city-run, community-owned electric utility.
Aug. 30, 2019: City responds to Colorado Public Utilities Commission's motion to intervene in city's condemnation case
On Aug. 30, the city filed a response in District Court to the Colorado Public Utilities Commission's Aug. 8 motion to dismiss the city's condemnation case.
Aug. 28, 2019: City holds Local Power Quarterly Update
On Aug. 28, city staff provided an update on the project, including engineering, condemnation and work at the Colorado Public Utilities Commission. Access the slide presentation .
Aug. 26, 2019: City responds to Xcel's motion to dismiss the city's condemnation case
On Aug. 26, the city filed a response in District Court to Xcel's Aug. 5 motion to dismiss the city's condemnation case.
Aug. 21, 2019: PUC holds status conference on city’s separation application
On Aug. 21, the Colorado Public Utilities Commission conducted a status conference on the city’s separation application. The parties and the commission discussed how the PUC process can move forward. The discussion may lead to another hearing in September. The purpose of that hearing, if there is one, is either to deem the conditions that the commission ordered in 2017 met, and/or to address the assets inside the substations. The city will learn more after the commission order, which it expects will identify a process between now and when that hearing will be.
Aug. 8, 2019: Colorado Public Utilities Commission (PUC) files motions in city's condemnation case
On Aug. 8 in District Court, the PUC filed two motions related to the city’s petition to condemn Xcel Energy assets necessary for the creation of a local electric utility:
A motion to intervene in the city’s condemnation case
A motion to dismiss or stay the city’s condemnation petition
The city has received and is currently reviewing these motions. The city plans to respond to the commission’s motions by Aug. 29 as required by the Civil Rules of Procedure.
Aug. 5, 2019: Xcel Energy responds to city's condemnation filing
On Aug. 5 in District Court, Xcel Energy filed a motion to dismiss the city’s condemnation case related to municipalization. The city has received the motion and is currently reviewing it. The city has always anticipated that Xcel would make such a motion and has factored it into its estimated condemnation timeline. Xcel also filed its Answer to the City’s Petition in Condemnation, Cross-Petition and Affirmative Defenses. The city estimates that the trial to determine the valuation amount will be in spring 2020.
June 28, 2019: City Files Petition to Condemn Xcel Energy assets in District Court
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