From the Daily Camera (Boulder): A Boulder resident sued the city and the city’s top municipalization official Tuesday in an attempt to force the release of detailed financial modeling associated with a potential municipal energy utility.
Patrick Murphy filed a Colorado Open Records Act request in October seeking the “cash-flow model” developed by Boulder to demonstrate the financial viability of a city-run electric utility.
Senior Assistant City Attorney Kathy Haddock rejected that request, arguing the cash-flow model was “work product” and not subject to the state’s open records law.
In the lawsuit filed Tuesday in Boulder District Court, Murphy’s attorney, Jason Lynch, argued that the cash-flow model should not be considered work product because Boulder repeatedly has touted its results as supporting the preconditions necessary for creating a municipal utility.
The lawsuit names the city of Boulder and Heather Bailey, executive director of energy strategy and electric utility development, as defendants.
In addition to the release of the city’s documents, Murphy also is seeking attorney’s fees from Boulder.
Under the city charter amendment approved by Boulder voters in 2011, the City Council has the authority to create a municipal energy utility if the city can demonstrate it meets certain conditions, including that the utility could offer rates similar to or lower than Xcel Energy’s and that the utility could generate enough revenue to cover operations, debt service and an amount equal to 25 percent of the debt payments as a reserve.
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