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019 City of Boulder's Answer and Affirmative Defenses to PSCo's Cross PetitionDISTRICT COURT, BOULDER COUNTY, COLORADO Boulder County Justice Center 1777 6th Street Boulder, Colorado 80302 Petitioner: THE CITY OF BOULDER, a Colorado Home Rule City, v. Respondents: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation, d/b/a XCEL ENERGY, MORGAN GUARANTY TRUST COMPANY OF NEW YORK; and PAUL WEISSMANN, in his official capacity as Treasurer of Boulder County. Attorneys for Petitioner, City of Boulder: Attorney Name: Office of the Boulder City Attorney Thomas A. Carr, No. 42170, City Attorney Kathleen E. Haddock, No. 16011, Senior Counsel Address: P.O. Box 791 Boulder, Colorado 80306 Phone Number: 303.441.3020 Fax Number: 303.441.3859 Email: carrt@bouldercolorado.gov haddockk@bouldercolorado.gov Attorney Name: Hamre, Rodriguez, Ostrander & Dingess, PC Donald M. Ostrander, No. 12458 Richard F. Rodriguez, No. 25105 Address: 3600 S. Yosemite Street, Suite 500 Denver, Colorado 80237 Phone Number: 303.779.0200 Fax Number: 303.779.3662 Email: dostrander@hrodlaw.com rrodriguez@hrodlaw.com COURT USE ONLY ______________________ Case No. 2019CV030637 Division: 5 CITY OF BOULDER’S ANSWER AND AFFIRMATIVE DEFENSES TO RESPONDENT PUBLIC SERVICE COMPANY OF COLORADO’S CROSS-PETITION 2 Petitioner, City of Boulder, by and through its attorneys, City of Boulder (the “City”), City Attorney’s Office and Hamre, Rodriguez, Ostrander & Dingess, P.C., submits the following Answer and Affirmative Defenses to Respondent Public Service Company of Colorado’s (“PSCo”) Cross-Petition, as follows: I. ANSWER TO CROSS-PETITION 1. Answering paragraph 1, the City admits the allegations. 2. Answering paragraph 2, the City denies the allegations. 3. Answering paragraph 3, the City denies the allegations. 4. Answering paragraph 4, the City admits that the PUC entered protective orders in the PUC Proceeding but denies that those orders prevent use of the information attached to the City’s First Amended Petition and denies any remaining allegations. 5. Answering paragraph 5, including its subparts, the City denies the allegations. 6. Answering paragraph 6, the City admits the allegation that the quote is a portion of the section of the eminent domain statute. The City further states that per its plain language the quoted section is inapplicable to PSCo as PSCo is already a party to this proceeding. 7. Answering paragraph 7, the City denies the allegations. 8. Paragraph 8 is a request based upon legal argument, not allegations, and, thus, no response is required. To the extent a response is required, the allegations are denied. ADDITIONAL DENIALS 9. To the extent not specifically admitted above by the City, all allegations of the Cross- Petition and Affirmative Defenses are denied. 10. To the extent any of the allegations of the Cross-Petition and Affirmative Defenses rely upon PSCo’s allegations supporting its answer, those allegations are denied to the extent they are inconsistent with or contradict the City’s allegations in the First Amended Petition. II. AFFIRMATIVE DEFENSES 1. The Cross-Petition fails to state a claim upon which relief can be granted. 2. The Cross-Petition is or may be barred in whole or in part by the PUC’s jurisdiction. 3. The Cross-Petition is or may be barred by payment. 3 4. The Cross-Petition is or may be barred by accord and satisfaction. 5. The Cross-Petition is or may be barred by estoppel. 6. The Cross-Petition is or may be barred in whole or in part by agreements between the City and PSCo entered into as part of the PUC Proceeding. Respectfully submitted this 26th day of August 2019. BOULDER CITY ATTORNEY’S OFFICE By: /s/ Kathleen E. Haddock Kathleen E. Haddock, Senior Counsel Thomas A. Carr, City Attorney HAMRE, RODRIGUEZ, OSTRANDER & DINGESS, P.C. By: /s/ Donald M. Ostrander Donald M. Ostrander Richard F. Rodriguez ATTORNEYS FOR PETITIONER 4 CERTIFICATE OF SERVICE I hereby certify that on the 26th day of August 2019, a true and correct copy of the foregoing CITY OF BOULDER’S ANSWER AND AFFIRMATIVE DEFENSES TO RESPONDENT PUBLIC SERVICE COMPANY OF COLORADO’S CROSS-PETITION was filed and served via Colorado Courts E-Filing or served via email or placed in the United States mail, first class, postage prepaid, and properly addressed to the following: Attorneys for Public Service Company of Colorado d/b/a Xcel Energy John R. Sperber Sarah M. Kellner Brandee L. Caswell Matthew Dumont Clark Katharine M. Gray Sean J. Metherell FAEGRE BAKER DANIELS LLP 1144 Fifteenth Street, Suite 3400 Denver, Colorado 80202 Morgan Guaranty Trust Company of New York JP Morgan Chase Bank 1111 Polaris Parkway Columbus, OH 43240 Respondent Paul Weissmann, in His Official Capacity as Treasurer of Boulder County Olivia D. Lucas olucas@bouldercounty.org Boulder County Attorney’s Office P.O. Box 471 Boulder, Colorado 80306 By: /s/ Rewa Ward Rewa Ward City of Boulder, City Attorney’s Office