The Colorado Public Utilities Commission seeks comments on proposed rules concerning the Sand Creek Massacre National Historic Site. The PUC is promulgating these rules in response to concerns raised by the Northern Cheyenne Tribe of Montana regarding the potential for energy development in the viewshed of the Site.

The rules would require utilities to consult and engage with federally recognized Tribes and the Colorado Office of Archaeology and Historic Preservation to identify potential impacts to the Sand Creek Massacre National Historic Site. The rules are drafted to recognize the role of local governments in siting decisions and to acknowledge that there are significant and complex federal, state, and local requirements for protecting cultural resources. The rules also propose processes for identifying whether other sites should be considered in Commission proceedings.

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“These draft rules are meant to honor the significance of the Sand Creek Site to the Cheyenne and Arapaho people and the massacre descendants," said Rebecca White, Director of the Public Utilities Commission. “By making consultation with federally recognized Tribes an official part of the process, we can better understand and mitigate potential impacts.”

Utilities would be required to establish processes in their electric resource plans that ensure that bidders provide relevant information about cultural resource surveys and consultation with Tribal Nations. This information would help ensure the Commission has a robust understanding of potential impacts to the Sand Creek Massacre site and opportunities to mitigate them when it makes decisions about what energy resources to approve for regulated utilities.

Proposed rules have been issued and stakeholders will have the opportunity to provide comments both in writing and at an upcoming public comment hearing. The Notice of Proposed Rulemaking requests initial written comments by August 9, and responsive comments by August 16. The Commission is also hosting an information-only meeting to explain the proposed rules.

Upcoming Events

Virtual Information Meeting

To provide information and background to potentially interested members of the public, agency staff will host an informational public meeting. The intent of the meeting is to provide educational information about the rulemaking and how people can participate in the rulemaking proceeding. The meeting is not intended to gather public comments.

Thursday, August 1, from 12:00 to 1:00 p.m.

The informational meeting will be conducted via Zoom. Register here.

To be notified in case of additional meetings or workshops on this topic, sign up here.

Virtual Public Comment Hearing

The proceeding is being overseen by an administrative law judge. A virtual public comment hearing on the draft rules will be held as follows:

Tuesday, August 27, from 11:00 a.m. to no later than 5:00 p.m., or earlier (i.e., if all public comments are received before 5:00 p.m.)

The hearing will be conducted via Zoom. Register here.

If you would like to observe and not participate in either of these events, you can watch the livestream on YouTube at: https://www.youtube.com/@COPublicUtilitiesCommission/streams

The Commission strives to accommodate all members of the public at its hearings and meetings by providing services for foreign language users and persons with disabilities upon receipt of a reasonable accommodation request. Requests for such accommodations should be made at least one week prior to the event by completing the Language Access Form. Requests can also be made directly by contacting Holly Bise at 303.894.2024 or by emailing holly.bise@state.co.us.

Other Options to Submit Public Comments

Individuals can also submit written or verbal public comments. Public comments should reference Proceeding Number 24R-0306E and can be provided by:

• Submitting written comments through the Commission’s Electronic Filing System (E-Filings)
• Submitting written comments using the Commission’s online form.
• Submitting through email at dora_puc_website@state.co.us.
• Mailing comments to the Commission’s offices at: Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, CO 80202.
• Calling (303) 869-3490 to leave oral comments (English and Spanish options).