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United Power Joins National Organization GridWise Alliance
Leadership Testifies in Support of Regional Transmission Legislation
United Power Files Complaint Against Tri-State In District Court Alleging They Violated Their Bylaws and State Statute to Admit Non-Utility Members
Brighton, CO – Today United Power filed a complaint in Adams County District Court, alleging that Tri-State Generation and Transmission violated Colorado State Statutes and their own Articles of Incorporation and bylaws to add a greenhouse, a cattle ranch, and a natural gas supplier to their membership. The addition of these non-utility entities allowed the power cooperative to seek oversight from the Federal Energy Regulatory Commission (FERC), temporarily suspending a year-long effort by United Power to establish a reasonable buyout cost to leave the cooperative. United Power has been battling their power supplier to receive a buyout number with the goal of providing lower cost power to its membership.
“It is our belief that a favorable ruling in District Court would force FERC to reconsider their decision to allow Tri-State to be FERC jurisdictional,” stated Bryant Robbins, acting CEO at United Power. “This would allow the Colorado Public Utilities Commission (CoPUC) to affirm the decision of Administrative Law Judge Robert Garvey who, on July 10, 2020, ruled that Tri-State had discriminated against United Power and adopted United Power’s approach for calculating a fair, reasonable, and non-discriminatory exit fee.”
Tri-State’s questionable legal maneuvers opened the door for it to bypass the CoPUC and brought the organization under regulation from FERC. Tri-State is anticipating that the move will allow it to avoid the buyout methodology that was initially accepted by the CoPUC. In a hearing last month, the CoPUC found that it did not have jurisdiction to decide whether Tri-State’s corporate maneuvers were legal, but it invited United Power to return once the issue had been decided.
“This announcement should come as no surprise to anyone, especially Tri-State. This filing and subsequent ruling should determine, once and for all, whether Tri-State is lawfully FERC regulated. We feel strongly that it will be determined that they are not,” stated Robbins. “It is our hope that the District Court will recognize the importance of a quick decision on this matter. We also remain hopeful that ongoing discussions with Tri-State on possible solutions to our issues will be productive.”
United Power is a member-owned, not-for-profit electric cooperative delivering electricity to more than 95,000 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.
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United Power to Move Forward with Lawsuit Against Power Supplier
Locally Owned by Those We Serve
United Power, a member-owned utility founded in 1938, provides electric service to more than 95,000 meters, or 250,000 residential, agricultural and business consumers along Colorado’s northern Front Range. The not-for-profit electric cooperative is guided by a member-elected board of directors comprised of eleven directors who serve three-year terms.
Surrounding Denver on three sides, United Power serves 900 square miles along the north central range of the Colorado Rockies. Our service territory wraps around the north and west borders of Denver International Airport and includes the north metropolitan development corridors of Interstate 25, Interstate 76, State Highway 85, and E-470.
Cooperative businesses, like United Power, are special because they are owned by the consumers they serve, and they are guided by a set of seven principles that reflect the best interests of those consumers.
All cooperative businesses adhere to these seven guiding principles:
- Voluntary and Open Membership.
- Democratic Member Control.
- Members’ Economic Participation.
- Autonomy and Independence.
- Education, Training, and Information.
- Cooperation Among Cooperatives.
- Concern for Community.
United Power purchases wholesale electricity from Tri-State Generation & Transmission. Tri-State is the supplier of electricity to United Power and 41 other customer-owned utilities in Colorado, Wyoming, New Mexico and Nebraska.
Currently, wholesale power from Tri-State constitutes more than 77% of our total costs paid by our members. Since 2018 United Power has been actively seeking to reduce our costs for wholesale power, and to have more control over the generation mix of that power.
Our members deserve cleaner, more affordable power. United Power is committed to providing safe, reliable and affordable electric power, and as a cooperative, we’re always looking out for our member-owners.
United Power has been a leader in innovative and renewable energy projects. From developing the state’s first cooperative solar farm, to several large-scale solar projects, and to operating the state’s largest battery storage facility, we have been driven by what is financially and environmentally best for our members.
We are limited by our Tri-State contract to incorporate any additional renewable energy. United Power has been consistently at the table asking for solutions that give our members what they want. We know our members want more local, renewable power serving their homes and businesses.