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INTERMOUNTAIN RURAL v. PUBLIC UTILITIES

No. 11CA1398.

298 P.3d 1027 (2012)

2012 COA 123

INTERMOUNTAIN RURAL ELECTRIC ASSOCIATION, a Colorado nonprofit association, Plaintiff-Appellant, v. COLORADO PUBLIC UTILITIES COMMISSION; Doug Dean, in his capacity as Director of the Public Utilities Commission; Joshua Epel, in his capacity as Chairman of the Public Utilities Commission; Matthew Baker, in his capacity as Commissioner of the Public Utilities Commission; and James Tarpey, in his capacity as Commissioner of the Public Utilities Commission, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

July 19, 2012.

Attorney(s) appearing for the Case

Semple, Farrington & Everall, P.C., Martin Semple , M. Brent Case , Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Erin A. Overturf , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge MILLER.

¶ 1 In early 2010, the members of the Public Utilities Commission (PUC) exchanged numerous e-mails regarding proposed legislation for the Clean Air — Clean Jobs Act (CACJA), which was ultimately passed by the General Assembly and signed by the Governor. §§ 40-3.2-201 to -210, C.R.S.2011. This case raises the issue whether these e-mail exchanges constituted "meetings" for purposes of the Colorado Open Meetings Law (OML...

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