Colorado Public Utilities Commissioner questions "whether or not Tri-State has been candid with us"7/19/2019
By Joe Smyth | @joesmyth
A Colorado utility’s attempts to avoid oversight by state regulators appears to be backfiring.
At a Colorado Public Utilities Commission hearing this week, Commissioner Frances Koncilja said she has “some serious questions about whether or not Tri-State has been candid with us,” and reminded the attorneys for electric utilities that “everyone who appears before a tribunal has an obligation of candor to the tribunal.”
By Joe Smyth | joe@cleancooperative.com | @joesmyth
Tri-State Generation and Transmission Association is considering becoming rate regulated by the Federal Energy Regulatory Commission (FERC), in order to limit the oversight of state regulators.
According to an issue brief that Tri-State circulated to member co-ops last week, "FERC regulation would pre-empt individual state rate regulation for generation rates, transmission rates, rate design, buyout disputes and all other rate related matters." The issue brief shows that Tri-State believes it can choose its preferred regulator - and even claims that Tri-State could also simply remove itself from FERC regulation in the future if it wants to.
By Joe Smyth | joe@cleancooperative.com | @joesmyth
Guzman Energy is proposing a deal that would help Tri-State Generation and Transmission Association meet Colorado and New Mexico's new clean energy policies, by replacing nearly half of Tri-State's remaining coal fleet with 1.2 gigawatts of new wind and solar power projects, along with a mix of energy storage and natural gas. Guzman Energy executives said that the proposal would also immediately lower costs for Tri-State, and could allow member co-ops to increase the amount of local renewable energy they can build.
“Rapidly changing economics, combined with new carbon reduction goals in states that include the majority of Tri-State’s members, mean there’s a lot at stake for those who own and are served by Tri-State," said Guzman Energy President Chris Riley in a press release. "We’ve put a proposal on the table that would help Tri-State and its members lower costs right now while simultaneously reaching compliance with new laws. We look forward to taking the proposal directly to Tri-State’s owners and facilitating an open and transparent dialogue.” In an interview, Riley explained that the company had presented the deal to Tri-State executives, as well as to several Tri-State member co-ops. Riley said that while some member co-ops expressed support for the proposal, Tri-State executives indicated they did not plan to continue exploring the proposal until after rulemakings and implementation of the new climate legislation in Colorado and expanded renewable energy standard in New Mexico. That will likely take several months, and could increase costs as federal tax credits for wind and solar projects begin to expire. Guzman Energy executives hope instead that its proposal will be reviewed in parallel with the rulemakings, and decided to publicly announce the proposal so that it can be considered by Tri-State member co-ops and their members.
By Joe Smyth | joe@cleancooperative.com | @joesmyth
The Colorado Public Utilities Commission will now require Tri-State Generation and Transmission Association to submit its resource plan for Commission approval, a major shift that followed growing calls from Colorado communities and co-op members for more regulatory oversight of Tri-State, negotiations between new Tri-State CEO Duane Highley and the Colorado Energy Office, and an amendment to a bill that was passed on the final day of the Colorado legislature's 2019 session. Along with a separate climate bill that also passed the Colorado legislature last week, the changes mean that Tri-State will now be required to develop a plan to significantly reduce the carbon pollution of its coal-heavy energy mix.
The deal also came after the Colorado Public Utilities Commission (PUC) made clear early last week that it would begin using its existing authority to more closely regulate Tri-State's resource planning process, with or without new legislation. By the end of last week, the Colorado legislature included an amendment to a bill reauthorizing the PUC (SB19-236), which states: "The Commission shall promulgate rules that require each wholesale electric cooperative to submit to the Commission an application for approval of an integrated or electric resource plan." In a press release, new Tri-State CEO Duane Highley signaled support for the amendment: "We appreciate the active engagement and understanding of Governor Polis and Colorado Energy Office Executive Director Toor, as well as the work of the legislative leadership, to ensure regulatory requirements support our vision and recognize the uniqueness of Tri-State’s cooperative model, the nature of our wholesale business and the values of our democratic self-governance." In the same press release, Colorado Energy Office executive director Will Toor said: “We appreciate the collaboration exhibited by Tri-State's leadership and new CEO Duane Highley on Senate Bill 236, and we look forward to continued engagement to advance the state's clean energy goals and ensure low long-term costs for their members." Colorado communities and state Energy Office urge Public Utilities Commission oversight of Tri-State5/1/2019
By Joe Smyth | joe@cleancooperative.com | @joesmyth
The Colorado Energy Office and some municipalities are urging the Colorado Public Utilities Commission to oversee Tri-State Generation and Transmission Association's resource planning, as it does with investor-owned utilities in the state.
The Colorado Public Utilities Commission (PUC) is considering revisions to a wide array of its rulemaking processes, and hosted hearings this week and a public comment session today. Several organizations and individuals also submitted written comments to the PUC for the rulemaking review (docket 19R-0096E). The Colorado Energy office submitted written comments to the PUC today, which argues that "reducing carbon emission in Colorado requires reducing emissions from all the state's public utilities and stronger Commission oversight of Tri-State is a key to meeting carbon reduction goals."
By Joe Smyth | joe@cleancooperative.com | @joesmyth
Electric cooperatives in Colorado and New Mexico have built a growing number of renewable energy projects over the last several years as prices declined, but new data show that local renewable energy growth stalled in 2018 among the 43 co-ops that buy power from Tri-State Generation and Transmission Association.
The stall in growth comes even as prices for solar projects have declined, and highlights the key role that Tri-State policies play on member co-ops. Some co-ops like United Power and La Plata Electric are restricted from pursuing more projects, because they reached the 5% limit that Tri-State imposes on local energy development. And Tri-State has also repeatedly changed the pricing for member co-ops' renewable energy projects in recent years under its Policy 115, in ways that have discouraged projects. In 2018, Tri-State also changed Policy 115 to include energy storage projects, which United Power said would cut in half the expected savings for its members from its 4 megawatt Tesla battery project. Overall, the recent policy changes show how Tri-State has moved to discourage its member co-ops from pursuing local solar and battery projects, just as those resources have become most economically attractive. According to Tri-State's 2018 10-K, which was filed with the Securities and Exchange Commission last month, 21 member co-ops had contracted for a total of 139 megawatts of local energy projects by the end of 2018. That marked a decline from the 143 megawatts noted in Tri-State's 2017 10-K, a significant change after years of growth. Tri-State reported 113 megawatts of member co-ops' local energy projects in its 2016 10-K. But Tri-State officials didn't mention the recent decline of its member co-ops' renewable energy projects during the first public meeting of its 2019 Integrated Resource Planning process last week, and instead described how "that number has really grown from when the first project came online about ten years ago." Tri-State also didn't mention the decline in a recent filing with the Colorado Public Utilities Commission.
By Joe Smyth | joe@cleancooperative.com | @joesmyth
Electric cooperatives deliver power to 42 million Americans, and those local co-ops tend to be well known in the communities they serve. At a minimum, people know who they write a check to each month, and some co-op members get more involved with their co-ops by running for the board of directors, attending meetings, and working to ensure that co-ops are upholding their commitments to democratic control.
What’s less well known is that most electric cooperatives are themselves members of larger cooperatives, known as generation and transmission associations (or “G&Ts” within the industry). These generation and transmission associations own and operate large power plants and deliver that power to local electric cooperatives, which in turn distribute electricity to homes and businesses across the United States. Generation and transmission associations aren’t often well known because they don’t show up on electric bills. But they can have a major impact on local electric cooperatives’ power supply, rates, and even a co-op’s ability to respond to its members concerns. 
Map of generation and transmission associations by the National Rural Electric Cooperative Association
Delta-Montrose Electric highlights "broad statewide support" from state legislators, industry trade associations, Colorado towns and cities, and advocacy organizations
By Joe Smyth | joe@cleancooperative.com | @joesmyth
The Colorado Public Utilities Commission (PUC) ruled on Thursday that it has jurisdiction to determine how much Delta-Montrose Electric should pay to end its contract with Tri-State Generation and Transmission Association. The PUC ruling is a boost to the electric cooperative's years-long efforts to pursue more local renewable energy projects and try to stabilize electric rates for its members.
Delta-Montrose Electric CEO Jasen Bronec said in a press release: “This is a significant ruling and confirms that no wholesale electricity supplier—not even Tri-State—is above the law. Tri-State talks about its ‘core principle’ of ‘voluntary and open membership’ in public. But its legal filings say that the Tri-State board can stop members from exiting by setting abusive charges with zero oversight." In a press release, Tri-State Board President Rick Gordon made clear that Tri-State would continue to push for the case to be heard in court, instead of at the PUC: “The commission’s assertion of jurisdiction is unnecessary and unwarranted, but is not unexpected. A private contract dispute, even between utilities, does not belong at the commission. This matter appropriately belongs in the courts.”
Colorado ski resorts support Delta-Montrose Electric exit from Tri-State
By Joe Smyth | joe@cleancooperative.com | @joesmyth
The ski industry is increasingly focusing its sustainability efforts on decarbonizing the electric grid, by engaging with their power suppliers, regulators, and state policymakers. In the latest move, a group of Colorado ski resorts are supporting Delta-Montrose Electric Association's efforts to end its contract with Tri-State Generation and Transmission Association and pursue more renewable energy.
In a letter to the Colorado Public Utilities Commission (PUC) last week, Colorado Ski Country USA President Melanie Mills wrote that the group "supports the efforts of Delta-Montrose Electric Association (DMEA) to withdraw from membership in Tri-State Generation and Transmission Association, Inc. (Tri-State) in order to develop more local renewable resources and stabilize its retail rates." The letter also notes that of Colorado Ski Country USA's 23 member ski resorts, 16 buy electricity from rural electric cooperatives. Most of those co-ops buy wholesale power Tri-State, and so face limits on their abilities to pursue local renewable energy projects. That poses challenges for some ski resorts' sustainability efforts. Ski resorts also notice higher electricity costs, as the letter explains: "As businesses and large consumers of energy, keeping energy sources affordable is critical for Colorado's ski areas to operate cost-effectively in the future."
By Joe Smyth | joe@cleancooperative.com | @joesmyth
The Colorado Public Utilities Commission today rejected Tri-State Generation and Transmission Association’s efforts to exclude the Colorado Energy Office from participating in the case between Tri-State and Delta-Montrose Electric Association. Delta-Montrose Electric has asked the Public Utilities (PUC) determine the amount it must pay to exit from Tri-State, while Tri-State has argued that the PUC does not have jurisdiction in the case.
The Colorado Energy Office sought to intervene in the case earlier this month, noting that it can “intervene as a matter of right” under Colorado law. But the agency also acknowledged that its request came after a 30 day deadline, because the agency’s new executive director Will Toor took office on January 14. In response, Tri-State argued that the Colorado Energy Office should not be allowed to intervene in the case, in part by claiming that the state agency's "concerns regarding DMEA's rates and facilities" are outside of the PUC’s jurisdiction. Colorado state legislators urge Public Utilities Commission to determine Tri-State exit charge1/20/2019
By Joe Smyth | joe@cleancooperative.com | @joesmyth
A majority of Colorado’s state legislators are urging the Colorado Public Utilities (PUC) to determine the amount that Delta-Montrose Electric Association must pay to exit from Tri-State Generation and Transmission Association.
In a letter this week to Colorado PUC Chairman Jeff Ackermann and Commissioner Frances Koncilja, 17 Colorado State Senators and 35 State Representatives wrote: We submit these comments in support of the filing last month by Delta-Montrose Electric Association (DMEA) asking the Colorado Public Utilities Commission to set a just, reasonable, and nondiscriminatory charge for DMEA’s exit from Tri-State. As members of the Colorado General Assembly who care about rural economic development and allowing all Coloradans access to less expensive power from local and diverse generation sources, we urge the Commission to strongly consider exercising its jurisdiction under Colorado law and setting an exit charge fair to both DMEA and Tri-State’s remaining members. Next Colorado PUC Commissioner John Gavan "consensus choice" of Governors Hickenlooper and Polis12/20/2018
By Joe Smyth | joe@cleancooperative.com | @joesmyth Colorado Governor John Hickenlooper announced this week that John Gavan will serve as the next Commissioner of the Colorado Public Utilities Commission (PUC), beginning January 7, 2019. Gavan will replace PUC commissioner Wendy Moser, whose term ends next month, and join Commissioner Frances Koncilja and Chairman Jeffrey Ackerman, whose terms continue until January 2020 and January 2021, respectively. "We appreciate Wendy’s service to the PUC," said Hickenlooper press secretary Jacque Montgomery in an email, "Mr. Gavan was a consensus choice of both the Governor and Governor-elect Polis. He is an engineer and brings experience in energy and telecommunications. We believe Mr. Gavan will be an excellent addition to the PUC." The Colorado PUC regulates electric utilities in the state, and will likely play a significant role in efforts to shift the state toward renewable energy. Governor-elect Jared Polis campaigned on a goal of moving Colorado to 100% renewable energy by 2040 or sooner, and said after the election that goal will be among his top priorities. The Polis campaign website highlighted the importance of “Appointing Public Utilities Commissioners who support consumers and renewable energy” among the ways that "We can spur investment in new local renewable energy projects."  Image from Jared Polis campaign website during the election
By Joe Smyth | joe@cleancooperative.com | @joesmyth
Delta-Montrose Electric Association (DMEA) took a major step forward in its effort to end its contract with Tri-State Generation and Transmission Association, by filing a formal complaint last week requesting that the Colorado Public Utilities Commission (PUC) "exercise its jurisdiction over Tri-State as a public utility" and "establish an exit charge that is just, reasonable, and nondiscriminatory."
On Monday morning, the Colorado PUC ordered Tri-State "to satisfy the matters in the complaint or to answer the complaint in writing within 20 days." On Monday afternoon, DMEA filed a request that the PUC establish a schedule for the hearings process that would result in a decision by July 11, 2019.
DMEA has sought for years to loosen the restrictions that Tri-State imposes on electric cooperatives, which prevent DMEA and other Colorado co-ops from pursuing more local renewable energy projects. In October, DMEA members voted to give the electric cooperative more financial options to pursue a buyout of its Tri-State contract.
DMEA noted in a press release that it "will partner with Guzman Energy," the same power supplier that supported Kit Carson Electric's $37 million buyout of its contract with Tri-State. Guzman Energy announced today that it is seeking Requests for Proposal for up to 200 megawatts of wind energy and 50 megawatts of solar energy, and has obtained a $200 million capital commitment to help bring on that new renewable energy. Guzman Energy President Chris Riley confirmed that a portion of the 250 megawatts of wind and solar would be used to serve DMEA, if the co-op succeeds in ending its contract with Tri-State. Colorado Energy Plan approval will mean new renewable energy investments in rural Colorado8/28/2018
By Joe Smyth | joe@cleancooperative.com | @joesmyth
The Colorado Public Utilities Commission approved Xcel Energy’s Colorado Energy Plan yesterday, greenlighting the plan to close two units at the Comanche coal plant in Pueblo Colorado, and replace that power with a mix of new renewable energy and battery storage projects along with existing natural gas plants.
Xcel Energy’s plan attracted national attention this year due to the proposals for large scale battery storage projects and unprecedented bids for cheap new wind and solar energy. In Colorado, the plan attracted support from labor, business, environmental, and community organizations, thanks to its expected economic and health benefits. A report this week from the Colorado Fiscal Institute found that closing the two coal units would reduce air pollutants in Pueblo and Colorado, leading to fewer asthma attacks, emergency rooms visits, and other health problems. A June report from the Leeds School of Business at the University of Colorado Boulder found that the plan would create hundreds of new jobs, boost local tax revenue, and provide a net positive economic impact to the state - mostly by avoiding nearly $1 billion in coal purchases from Wyoming. 
By Joe Smyth | joe@cleancooperative.com | @joesmyth
Two reports this month provide new details about Xcel Energy’s Colorado Energy Plan, including a glimpse at even lower bid prices for new renewable energy projects in the state, and an analysis of the impacts of the plan to jobs and tax revenue in Colorado and Pueblo County.
Xcel Energy's proposal would close two of the three units at the Comanche coal plant in Pueblo, Colorado, and replace that power with a mix of new resources including 1100 megawatts of wind energy, 700 megawatts of solar energy, 275 megawatts of energy storage projects, and the purchase of 380 megawatts of existing natural gas capacity. The Colorado Public Utilities Commission (PUC) is considering the proposal, and several labor, environmental, business, and community groups in Colorado are engaged in that process. In January, we saw the bid prices for new renewable energy projects that Xcel Energy received, which showed that new wind and solar power in Colorado is now cheaper than existing coal plants. Those renewable energy project bid prices were so low, they attracted interest from a wide array of energy industry analysts and publications. But that earlier report only showed median prices of the bids that Xcel had received: $18/MWh for new wind energy, $30/MWh for new solar projects, and $36/MWh for solar with battery storage projects. This month, Xcel Energy filed a more in-depth report with the Colorado PUC, which provides additional details about the renewable energy project bids it received. And while the new report doesn't include pricing details for specific projects, it does show the price range of bids that came in below those median prices: The Preferred CEPP includes unprecedented low pricing across a range of generation technologies including wind at levelized pricing between $11-18/MWh, solar between $23-$27/MWh, solar with storage between $30-$32/MWh and gas between $1.50 - $2.50/kW-mo. The lower end of those ranges rival some of the record-breaking low solar energy prices we've seen in recent months around the sunny Southwest. |
Recent ArticlesTri-State: Moving a cooperative power provider from coal to clean energy
Tri-State will replace coal plants with a gigawatt of new wind and solar United Power and La Plata Electric ask Colorado Public Utilities Commission to determine Tri-State exit fee Colorado Rural Electric Association spent electric cooperatives’ money supporting Republican politicians Colorado Public Utilities Commissioner questions "whether or not Tri-State has been candid with us" Rural America could power a renewable economy - but first we need to solve coal debt Tri-State explores FERC rate regulation to limit state oversight Poudre Valley Electric sets "80 by 2030" carbon free goal Guzman Energy proposal would finance retirement of Tri-State coal plants, add 1.2 gigawatts of new wind and solar power Colorado Public Utilities Commission will oversee Tri-State resource planning Colorado communities and state Energy Office urge Public Utilities Commission oversight of Tri-State Reports examine the impacts of Tri-State's high wholesale power costs Tri-State executive involved with anti-Clean Air Act group since 2005 US Congressional Committee requests details of Tri-State funding to anti-Clean Air Act group Renewable energy projects stalled in 2018 among Tri-State member co-ops Second co-op asks Tri-State to pull “Better Together” ads Tri-State won’t allow co-op members to attend annual meeting Tri-State expects member co-ops to support bylaw changes at annual meeting Rocky Mountain Farmers Union calls on Tri-State to adopt flexible contracts and more clean energy Co-ops in Colorado push for change at Tri-State Will Municipal Energy Agency of Nebraska remain reliant on coal? Tri-State ad campaign tells co-ops they’re “better together” La Plata Electric concerned Tri-State debt will lead to higher rates Colorado Public Utilities Commission asserts jurisdiction over Tri-State More Colorado co-ops announce clean energy goals Ski industry climate change efforts shift to electric utilities and their regulators Public Utilities Commission rejects Tri-State motion to exclude Colorado Energy Office from exit charge case Tri-State claims that co-ops "have intervened on Tri-State's behalf at the PUC” don’t add up Colorado state legislators urge Public Utilities Commission to determine Tri-State exit charge United Power says Tri-State policies are turning away large customers Next PUC Commissioner John Gavan "consensus choice" of Governors Hickenlooper and Polis Tri-State policy change discourages battery projects in rural Colorado and New Mexico Colorado Public Utilities Commission orders Tri-State to "satisfy or answer" exit charge complaint from Delta Montrose Electric United Power seeks solutions to "increasingly outmoded G&T business models" Clean Energy Means Business Summit highlights renewable energy opportunities and challenges in rural Colorado Governor-elect Jared Polis says moving Colorado toward more renewable energy will be a top priority Electric cooperative officials discuss cheap renewable energy and an “eroding monopoly” Delta Montrose Electric members vote for new financing options, supporting a potential buyout of Tri-State contract Poudre Valley Electric requests Tri-State policy changes and fuel mix study Holy Cross Energy plans to shift away from coal, aiming for 70% renewable energy What do corporate renewable energy commitments mean for electric utilities? Colorado Energy Plan approval will mean new renewable energy investments in rural Colorado Report: Tri-State could save $600 million by shifting from coal to renewable energy Delta Montrose Electric seeks new financing options to end contract with Tri-State Wind energy jobs in rural Colorado attract bipartisan support Colorado Energy Plan analysis shows switching from coal to renewable energy will boost jobs and local tax revenue Poudre Valley Electric and Xcel Energy Colorado President win national awards from Smart Electric Power Alliance Latest coal plant subsidy proposal could hit electricity bills in the West Moody’s report: “High quality renewable resources” could help Tri-State and Basin Electric navigate rising carbon transition risks Senator Heinrich highlights “frustrations in New Mexico” with Tri-State’s limits on local solar Moody’s report shows Tri-State’s coal plants are more expensive than new renewable energy Tri-State’s limits on local energy development are a growing problem for co-op members Governor Hickenlooper discusses Tri-State at the Climate Leadership Conference Bids for Xcel’s Colorado Energy Plan include a proposal for the world’s largest battery New wind and solar power in Colorado is now cheaper than existing coal plants Companies' 100% renewable energy goals are getting results in Colorado What does cheap solar mean for electric cooperatives? Colorado towns and cities are helping push utilities to embrace renewable energy How are electric cooperatives navigating the transition from coal to cheap clean energy? Blocked from building more solar projects, United Power shifts to community batteries Economic reality sets in for Tri-State efforts to expand the Holcomb coal plant Solar projects in the works in Grand and Jackson counties Mountain Parks Electric grapples with solar Categories
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