Peoples Natural Gas V. Public Utilities Commission

The Public Utilities Commission of the State of Colorado (PUC) and the Farmers Association for Rate Maintenance (FARM), a group representing certain farmers in Baca and Prowers Counties in southeastern Colorado, appeal a district court judgment reversing the PUC's award of reparations to irrigation ratepayers of Peoples Natural Gas Division of Northern Natural Gas Company (Peoples) in those counties. The district court concluded that, because no complaints were filed with the PUC by the aggrieved ratepayers, the PUC lacked authority to award reparations as a remedy for overbillings by Peoples. See § 40-6-119, 17 C.R.S. (1984). The district court also concluded that the evidence did not support the reparations award. We hold that section 40-6-119 does not preclude the PUC from initiating an investigation and awarding reparations at its own instance. However, because the PUC's findings concerning the temporal and geographical extent of the gas pressure problems that resulted in overbillings to Peoples' customers are fatally inconsistent, the district court's judgment reversing the PUC decision must be affirmed. The case must be remanded to the PUC for resolution of the inconsistencies in its findings and entry of a decision consistent with such revised findings as it may adopt.