United Power is pleased to see the Federal Energy Regulatory Commission’s (FERC) thoughtful and comprehensive order in the Stated Rate proceeding. The cooperative looks forward to Tri-State Generation and Transmission’s (Tri-State) revised formula rate filing, also referred to as the Come-Back Filing, incorporating FERC’s clear guidance. FERC’s order directs Tri-State to unbundle the costs of services in its wholesale power service rate to its utility members, such as United Power, and to ensure that any transmission cost allocation is consistent with cost causation principles outlined in Order No. 888. FERC confirmed that Tri-State, having voluntarily become FERC jurisdictional, is bound by FERC policies and precedents and cannot claim that its membership structure allows it to impose rates or terms that are not just and reasonable.
 
Of note, FERC also determined that Tri-State's Board Policy 119 was unjust and unreasonable because utility members that do not participate in community solar projects should not bear more costs than those members that do participate in the community solar program. Further, FERC required Tri-State to make a compliance filing, outlining how it will reimburse United Power for overcharges related to transmission/delivery demand charges assessed on battery storage resources.
 
United Power looks forward to receiving the Commission’s guidance on our other related filings. Final decisions from FERC will ensure that United Power exits Tri-State by May 1, 2024, with the ability not only to purchase power from multiple new suppliers, but to develop cleaner generation that is sourced locally while keeping rates affordable and maintaining the high reliability our members expect.

Separately, United Power is pleased with the Adams County decision denying Tri-State’s request for reconsideration of the Court’s July 28th order concerning Tri-State’s motion for summary judgment (MSJ). The Court has not yet responded to Tri-State’s appeal of the Court’s MSJ. In its appeal, Tri-State argues “[t]he duty of good faith and fair dealing is not implied in a cooperative’s bylaws.” United Power continues to believe that Tri-State has a duty to treat all its members fairly and to deal with them in good faith.

United Power is pleased to announce the hiring of Robin Z. Meidhof to the newly created position of Senior Vice President and Chief Legal Counsel. 

“Robin brings a uniquely well-suited background to the cooperative, especially as we move forward into our new energy future,” said Mark A. Gabriel, United Power President and CEO. “Her background with nearly every legal aspect of utility operations is complemented by her professional experience working with some of the most powerful regulatory agencies in our industry.”

Meidhof is a graduate of the University of Virginia School of Law, and has extensive regulatory, policy, and in-house counsel experience in the utility industry. Following several years as an attorney in the Office of Enforcement, Division of Investigations, for the Federal Energy Regulatory Commission (FERC) in Washington, D.C., she served as Legal and Policy Advisor to FERC Commissioner Tony Clark. Meidhof then served as Senior Attorney for Southern California Edison Company, leading a wide range of regulatory proceedings before the California Public Utilities Commission (PUC). Most recently, she served as the Deputy Attorney General of the Revenue and Utilities Section of the Colorado Office of the Attorney General, where she helped drive innovative leadership initiatives and led a team of legal professionals who represent the Department of Revenue, Trial Staff at the Colorado PUC, the Property Tax Administrator, Division of Housing, and all statewide clients in bankruptcy matters. 

“United Power is honored to have such a consummate professional join our executive team. Robin will help us represent the interests of all cooperative members as we depart our power supplier in May of 2024,” stated Gabriel. “The cooperative has experienced rapid growth in recent years, and over this time, our need for Robin’s level of expertise has become increasingly apparent. I know that she is the right person to help move us forward as we exit our current wholesale power contract and acquire lower cost, cleaner energy for our members.”