In Public Service Co. of Colorado v. Cuevas, the Colorado Supreme Court addressed whether an electric utility may limit its liability to non-customers through an approved tariff and how the state’s High Voltage Safety Act applies in a personal injury context.
Francisco Cuevas, a contractor, was injured while working near high-voltage power lines owned by Public Service Company of Colorado (Xcel Energy). Xcel Energy argued a provision in its tariff, approved by the Colorado Public Utilities Commission, limited its liability and barred Cuevas’ claims. The Supreme Court held that even assuming the tariff language could be read to apply to non-customers, the PUC lacked authority to approve a tariff that limits a utility’s liability to third parties.
The Court also ruled Cuevas was not subject to the HVSA’s notification requirements because he was not the contracting party and clarified the HVSA does not require a causation analysis under the relevant statutory provision. The Court affirmed the Court of Appeals’ judgment in part and vacated it in part.
The decision curtails utilities’ ability to use PUC-approved tariffs to shield themselves from tort liability to non-customers and reinforces statutory limits on the commission’s authority. It also clarifies the scope of obligations under the HVSA, providing guidance for contractors, utilities and litigants in personal injury cases involving high-voltage lines.
Read the full published opinion: coloradojudicial.gov/system/files/opinions-2026-01/23SC659.pdf.