ASPEN, Colo.—City officials are considering reviving a lawsuit against natural gas companies they believe are overcharging Aspen customers.
The city sued Kinder Morgan Inc. and other companies in 2004 claiming that they were overcharging Aspen residents by as much as 20 percent because they failed to account for the mountain town’s elevation. Glenwood Springs joined Aspen in the legal challenge.
The lawsuit claimed that because gas expands at higher elevations, mountain customers must buy more than sea level residents to get the same amount of heat.
Kinder Morgan said it does take altitude into account on Colorado’s Western Slope.
A state district court ruled that the Colorado Public Utilities Commission should handle the dispute and the Colorado Court of Appeals upheld the decision last year.
Aspen officials said they didn’t have faith in the commission because of what they believed was the panel’s pro-business tilt under Republican Gov. Bill Owens’ administration.
City officials might take their chances now that Democratic Gov. Bill Ritter has made new appointments to the commission. City Attorney John Worcester said it’s likely that he will file a claim with the utilities commission.
The commission establishes the rates gas companies charge.
Aspen Councilman Jack Johnson said he is willing to revive the legal dispute.
“Some interesting arguments were made and I have a great deal of faith in our city attorney,” Johnson said.
