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October 2021

Xcel Energy Defends Against City's Attempt to Municipalize its Electric Distribution System

United States - Colorado

Xcel Energy has been defending against the City of Boulder's municipalization efforts to condemn Xcel Energy's electric distribution system for use as part of Boulder's own city utility. This controversy has been ongoing for almost a decade, and several hundred million dollars are in dispute. Our firm serves as eminent domain counsel to Xcel Energy in the municipalization matter. We successfully dismissed two prior condemnation cases, and a third case has been stayed pending an appeal by Boulder.

Our firm has also represented Xcel Energy in other related civil litigation, including a victory at the Colorado Supreme Court affirming Xcel Energy's right to challenge whether Boulder properly formed the city utility. Following these and other legal victories for Xcel Energy, the City and Xcel Energy have entered into a settlement that was approved by Boulder’s citizens in a November 2020 vote approving a new franchise agreement allowing Xcel Energy to serve as Boulder’s utility. If the franchise agreement is approved by the Colorado Public Utilities Commission, all pending litigation will be resolved.

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