Brighton, CO - Yesterday the Colorado Public Utilities Commission (CoPUC) dismissed without prejudice United Power and La Plata Electric’s complaint against Tri-State. The Commission acknowledged that the decision on whether Tri-State lawfully admitted the three non-utility partners, an action that allowed them to claim that the Federal Energy Regulatory Commission (FERC) had exclusive jurisdiction over their rates, was a corporate law matter and should be decided by the courts. In May United Power filed a case against Tri-State in Adams County courts asserting that Tri-State fraudulently induced United Power to champion a 2019 Bylaw amendment to permit partial requirement membership. The admission of three non-utility members allowed Tri-State to apply for oversight with FERC, effectively setting aside the months of work by the CoPUC and suspending the administrative law judge’s ruling that favored a buyout methodology developed by United Power.

“We know the PUC was put in an awkward position of having to rule on a corporate law decision,” stated interim CEO, Bryant Robbins. “We greatly appreciate the hard work of both the Commission and their staff. The need of having the District Court hear the case was not unexpected. We will continue to move forward in our efforts to lower the rates of the 97,000 meters that we serve.”

In November of 2019, United Power filed a complaint with the Colorado Public Utilities Commission (PUC) seeking a fair buyout charge. This summer, United Power received a favorable ruling from the Administrative Law Judge (ALJ) assigned by the PUC to hear the case. Then on August 28th, FERC reversed an earlier decision and determined they have sole jurisdiction over the exit fee matter, even while acknowledging that they have not determined that Tri-State’s proposed methodology represented a “just, reasonable and nondiscriminatory exit charge”.

“While we are disappointed that the commission is unable to rule on this issue, we believe our case in Adams County will show that the non-utility members were unlawfully added according to both State Statutes and their own bylaws,” stated Robbins.

United Power is a member-owned, not-for-profit electric cooperative delivering electricity to nearly 97,000 meters at homes, business, and farms in Colorado's north central front range. For more information about the cooperative, visit www.unitedpower.com or follow them on social media at facebook.com/unitedpower or twitter.com/unitedpowercoop.

###

Members Show Support for One Another through Operation Round-Up Foundation.

Every month thousands of United Power members voluntarily have their bills rounded up to the next whole dollar through an organization known as Operation Round-Up. In a normal year, a board made up of fellow members of the cooperative would redistribute donated funds to nonprofits throughout the area to help provide meals, living assistance and other services to those in need.

Because of the coronavirus pandemic, this year has been anything but normal. The resulting fallout from proactive plans to prevent the spread of the virus impacted many of the cooperative’s members. In an effort to ensure impacted members were able to receive the same level of services from area nonprofits experiencing a surge in number of clients, Operation Round-Up responded by going above and beyond, while also maintaining its commitment to several partner organizations.

Recognizing an immediate need in the service territory, the foundation’s board in May issued grants to the Weld County Food Bank and Food Bank of the Rockies, which both have sizeable reach to the cooperative’s members. In the following months, another grant was issued to Pastor’s Pantry, a food bank located in Coal Creek Canyon. The combined distribution of meals from the food banks was greater than 100,000 in May and June alone.

These grants were made in addition to on-going support to several groups providing essential services to community members over the past few years, including Almost Home in Brighton, Catholic Charities in Ft. Lupton, Carbon Valley Help Center in Firestone and Canyon Cares in Coal Creek Canyon. The quarterly contributions to these organizations allow them to continue providing assistance to members who may need help paying utilities, rent or other expenses, which has been especially meaningful during this pandemic.

It’s members like you who make these contributions possible. Operation Round-Up is entirely funded through voluntary member donations. Your donations allow the foundation to distribute thousands of dollars to organizations that provide these services. However, this unusual year has stretched it to its limits, and the foundation needs your help to continue meeting these needs.

“As a longtime board member, I can say our board truly believes in the purpose of Operation Round-Up,” said Dale McCall, president of the foundation’s board. “But we couldn’t do what we do without the support from our members or the staff at United Power who are responsible for getting others to believe in our purpose, as well.”

A crippling nationwide pandemic was an interesting way for Operation Round-Up to celebrate its 25th anniversary, but provided a grand stage to show how generous member support has been for the foundation. Since its inception in 1995, it has distributed more than $2 million in assistance to members in need.

Donations average just $.50 per billing statement, or just $6/year. To show your support and sign up for Operation Round-Up, go to www.unitedpower.com. To increase your contribution or make a one-time donation, please call our Member Services team at 303-637-1300.