Tri-State comment on Delta-Montrose Electric Association court petition

(July 2, 2019 - Westminster, Colo.) Tri-State Generation and Transmission Association offered the following comments on Delta-Montrose Electric Association’s petition in the Adams County District Court.

“Tri-State believes it is inappropriate for Delta-Montrose Electric Association to petition the courts to attempt to prevent the other members of Tri-State from considering important policy decisions that could benefit its members.

The board of directors, representing each of the association’s 43 members, governs the association, including making the decision on whether to pursue Federal Energy Regulatory Commission rate regulation. Tri-State serves members in four states, and the Tri-State board of directors recognizes the challenges that come with being rate regulated in several states with differing priorities and results. Each of the four states Tri-State operates in has different rate regulation requirements.

FERC rate regulation would provide a single point of regulation for Tri-State and its members as the association moves toward meeting the goals of becoming increasingly flexible and increasingly clean. It provides a pragmatic response to inconsistent rate regulation among the states in which Tri-State has operated for decades, saving the association’s members money and reduce timelines for decisions.

Tri-State’s consideration of regulation under the FERC is not prompted by DMEA’s complaint to the Colorado Public Utilities Commission. Tri-State considered FERC regulation well before DMEA filed its complaint with the Colorado Public Utilities Commission, in fact DMEA itself has argued in the past Tri-State should be regulated by FERC.

Tri-State has been open, has engaged in discussion with the membership, and continues to meet with members and other stakeholders to discuss the potential decision.”