From the Daily Camera (Boulder): Attorneys for the city of Boulder will have to tell a Boulder District Court judge on Tuesday why they should get to keep financial models related to a potential municipal energy utility secret.
Boulder resident Patrick Murphy last week sued the city and Heather Bailey, executive director of energy strategy and electric utility development, seeking the release of Boulder’s utility cash-flow models after the city denied a request under the Colorado Open Records Act.
The city said the cash-flow models are “deliberative and advisory for council” and not public record under Colorado law. Murphy, however, is arguing that by basing several public votes on the cash-flow models, the City Council has now waived that protection.
The cash-flow models were significant in the City Council’s vote that the municipal utility met several charter conditions for moving forward.
Those included that the city would be able to offer rates similar to or lower than Xcel Energy’s rates and that the utility would be able to generate sufficient revenue to cover operating expenses, debt payments and a reserve equal to 25 percent of debt payments.
Boulder District Court Judge Judith LaBuda has scheduled a “show cause” hearing for 9 a.m. Tuesday.
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