Legalectric

The PUC’s Order granting withdrawal of Xcel’s Hollydale Transmission Project application, WITH CONDITIONS, just came in:

14-0046_Order_WithdrawalConditions

Here’s the interesting part:

The Commission requires parties seeking to withdraw filings without prejudice to demonstrate that withdrawal would not contravene the public interest, would not prejudice any party, and would not raise issues requiring Commission action.5

5 See, e.g., In the Matter of CenterPoint Energy’s Petition for Approval of a Miscellaneous Tariff Change, Docket No. G-008/M-13-333, Order Permitting Withdrawal of Filing (Nov. 13, 2013) (articulating standard).

Oh really?  That’s good to know, but it’s a little different than briefing papers and initial resistance to conditions would indicate.  Here’s that Order, and you can see how the “standard” was articulated:

Docket No. G-008/M-13-333 Order_201310-92266-01

The articulation of the standard?

The Commission finds that the proposed withdrawal does not contravene the public interest, does not prejudice any party, and does not raise issues requiring Commission action. The Commission will therefore permit withdrawal.

That’s it — no discussion in the order, just this statement!