Adams County District Court grants Tri-State’s motion for continuance
Brighton, CO – District Judge Roberto Ramírez issued an order on June 11 that continued the jury trial between United Power, Inc. (United Power) and Tri-State Generation and Transmission Association, Inc. (Tri-State) that was set to begin later this month on June 26.
“It is disappointing for the members of United Power that the breach of contract trial between United Power and Tri-State has been delayed,” said Mark A. Gabriel, United Power President and CEO. Tri-State asked for a continuance after flooding the court with numerous filings in an attempt to slow the judicial process. As Judge Ramírez noted in reluctantly granting Tri-State’s request to postpone a trial date to which it had agreed to more than a year ago, “The Court agrees with United Power that the bulk of the litigated issues pending before the Court are based on filings associated with Tri-State.”
The case centers around two key issues: whether Tri-State illegally added three non-utility members in order to escape state regulation and whether Tri-State’s failure to provide United Power with a fair exit fee in a timely manner is a breach of contract that precludes Tri-State from enforcing the parties’ contract, allowing United Power the right to withdraw from Tri-State at no cost and with the potential for a substantial damages award against Tri-State.
“Sadly, Tri-State has pursued a strategy of delay in both the state courts and at the Federal Energy Regulatory Commission (FERC),” continued Gabriel. “This pattern results in uncertainty for both organizations, raises the costs for United Power members, and delays the time in which our members can get lower cost, cleaner energy for homes and businesses.”
United Power is leaving its wholesale power supplier May 1, 2024 based on FERC requirements. “We are leaving Tri-State next year regardless of the Adams County proceedings,” Gabriel said, adding “this critical case does not go away even with our departure nor does Tri-State’s liability for our members’ substantial damages. Stalling is not to anyone’s benefit.”
About United Power
United Power is a member-owned, not-for-profit electric cooperative, delivering electricity to homes, farms, and businesses throughout Colorado’s northern front range. The cooperative is one of the fastest-growing electric co-ops in the nation, and in June 2021 joined the elite ranks of cooperatives serving more than 100,000 meters. The 900-square mile service territory extends from the mountains of Coal Creek and Golden Gate Canyon, along the I-25 corridor and Carbon Valley region, to the farmlands of Brighton, Hudson, and Keenesburg. United Power is also a founding member of the NextGen Cooperative Alliance, which is dedicated to expanding the power supply and procurement options available to distribution co-ops and reforming the traditional generation and transmission business model. For more information about United Power, visit www.unitedpower.com or follow the cooperative on Facebook, Twitter, LinkedIn, YouTube, and Instagram.
###