Where there's smoke...
, which destroyed over 1,000 homes in Superior, Louisville and Boulder County.
In Xcel’s motion, it claims to be merely a holding company that does not conduct business in Colorado, passing the buck to Public Service Company of Colorado by arguing that Xcel is out of the court’s jurisdiction. In his response, Avery notes that Xcel is registered to do business in Colorado and has won lawsuits in the state before, indicating that it is indeed within the jurisdiction.
Public Service Company of Colorado disputes the witnesses' accounts. “Rather, that video...shows that the Marshall Fire was already ablaze, of massive size, and originating from a different location in the distance when the momentary sparking was witnessed,” its motion to dismiss reads. Public Service Company of Colorado also argues that, because it is regulated by the Public Utilities Commission, any lawsuit could only allege that it breached the standards set forth by the PUC, exempting the company from accusations outside the bounds of what is already regulated.
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