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Boulder, Colorado, cannot acquire ownership of the transmission assets necessary for its municipalization without Federal Energy Regulatory Commission approval, according to a declaratory order issued by the commission on Dec. 18. Xcel Energy subsidiary Public Service Company of Colorado filed a petition to dispute the city's transition to a municipal utility in August when it asked FERC to rule that Boulder's effort to acquire the assets requires the commission's approval. Boulder in July filed a condemnation petition in Boulder District Court to acquire portions of PSCo's distribution system that are necessary for the municipality to begin operating a utility. Comment?
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