SERVICE OF PROCESS
Pursuant to C.R.C.P. 4(e)(4), the following individuals are authorized to accept service of legal documents on behalf of United Power, Inc. This includes, but is not limited to, subpoenas, summons, and other legal notices.
United Power’s Registered Agent and Assistants to the Registered Agent
- Mark A. Gabriel, President & Chief Executive Officer, Registered Agent
- Cheri Simmons, Executive Office & Board Governance Manager
- Ana Pollack, Corporate Administrative Assistant
Any attorney within United Power’s Legal Department
- Andre Kaiser, Contracts Manager & Regulatory Compliance Counsel
- Susan Aldridge, VP of Government Relations & Deputy General Counsel
- Robin Z. Meidhof, SVP & Chief Legal Officer
If any legal documents are delivered to United Power by an individual who has identified their role as a process server with a request for an authorized individual to sign and accept service on behalf of United Power, only an individual from the list above is authorized to sign and accept.
Decisions
For a copy of D24-0001, in ARC Colorado Inc. v. United Power, please email United Power legal.
LEGAL NOTICE: Change in the Rules & Regulations
NOTICE OF MEETING OF THE BOARD OF DIRECTORS TO AMEND THE BYLAWS OF UNITED POWER, INC.
NOTICE OF PROPOSED AMENDMENTS TO THE BYLAWS OF UNITED POWER, INC.
500 COOPERATIVE WAY, BRIGHTON, COLORADO 80603.
The Board of Directors proposes to amend the Bylaws of United Power, Inc. (United Power) as follows:
- Replace the word “nonprofit” with “not-for-profit” because there is a legal and operational distinction between the two types of organizations and United Power is a not-for-profit. This correction will align the cooperative’s governing documents with its IRS filing status, note purchase agreements, and related indenture agreements.
- Include language that provides a deadline for a challenge to any election of directors. Notice of the deadline will provide guidance to members and staff on how to handle any challenges to an election. Clarity in the rules will improve the cooperative’s operational efficiency.
A complete redline of the proposed changes is available on the cooperative’s website at www.unitedpower.com, or members may obtain a hardcopy at any United Power office or via mail by calling 303-637-1300 and requesting that a copy be made available to them at the address on file with the cooperative.
Pursuant to Article 11, Section 8 of the Bylaws of United Power Inc., you are hereby notified that the Board of Directors of United Power proposes to adopt the amendment(s) to United Power’s bylaws at a meeting of the Board to be held on August 27, 2025, unless a written petition is filed at United Power’s headquarters before close of business on August 25, 2025, signed by 100 or more members, protesting the proposed amendments.
UNITED POWER, INC.
By: /s/Elizabeth “Beth” Martin, Secretary of the Board
Legal Notice of Annual Meeting of Members
The Annual Meeting of Members of UNITED POWER, INC. will be held Wednesday, April 16, 2025, at 6:30 p.m. at the Waymire Dome at the Riverdale Regional Park, located at 9755 Henderson Road in Brighton, Colorado. Members can attend in-person or via livestream. Instructions for participating in the meeting virtually can be found on the cooperative’s website at www.unitedpower.com.
The meeting will be for the purposes of electing directors, considering and approving reports for the prior fiscal year, and transacting such other business as may properly come before the meeting.
This year there are elections in the following districts: North, Central, and South for four-year terms. The candidates nominated by petition are Ursula J. Morgan (incumbent) in the North District; Keith Alquist (incumbent) in the Central District; and Ryan Keefer and Beth Martin (incumbent) in the South District. All Members are entitled to cast a vote for the director positions of every district, regardless of the district where the Member is domiciled.
Additional information including the date and time of our Meet the Candidates forum, how to cast a ballot, and deadlines for voting can be found at https://www.unitedpower.com/annual-meeting.
UNITED POWER, INC. By: /s/Steven Whiteside, Secretary
Legal Notice of Attempt to Settle
Unclaimed Capital Credit Retirements
Commencing on October 31, 2024, and continuing through April 30, 2025, UNITED POWER, INC. (hereafter “United Power” or “the cooperative”), will make a final attempt to pay the unclaimed retirements of capital credits to its former members who were served by the cooperative prior to and through December 31, 2020. This notice does not apply to current United Power members. Representatives for the estates of deceased former members may also apply for unclaimed retired capital credits on behalf of the former member. Former members, or their representatives, who may be eligible to receive these unclaimed retired capital credits can access a list of eligible accounts at the cooperative’s website at www.unitedpower.com, or in person at United Power’s headquarters office located at 500 Cooperative Way in Brighton, Colorado.
Former members or their representatives who may be eligible to receive a payment of unclaimed retired capital credits must complete and submit an Unclaimed Retired Capital Credits Refund Request form (available at www.unitedpower.com) and verify all necessary information to ensure their eligibility for payment. A copy of the Unclaimed Retired Capital Credits Refund Request form may also be requested by emailing capitalcredits@unitedpower.com or by calling United Power’s Member Services line at 303-637-1300.
Submitting an Unclaimed Retired Capital Credits Refund Request form does not guarantee a disbursement will be made; proper documentation and valid proof of membership during the applicable time period is required. No refund checks will be issued for unclaimed retirement amounts below $5.00. Unclaimed retired capital credit refunds can be donated to the United Power Round Up Foundation, which provides assistance to community organizations within the cooperative's service territory. After the notification period closes on April 30, 2025, all unclaimed retired capital credits for the applicable time period will be considered an assignment and contribution of capital to United Power.
Additional questions about this notice and unclaimed retired capital credit refunds should be directed to United Power Member Services at 303-637-1300 or by email to capitalcredits@unitedpower.com.
UNITED POWER, INC.
By: /s/Mark A. Gabriel
President & CEO
NOTICE OF MEETING OF THE BOARD OF DIRECTORS TO AMEND THE BYLAWS OF UNITED POWER, INC.
DATE OF NOTICE: September 6, 2024
NOTICE OF PROPOSED AMENDMENTS TO THE BYLAWS OF UNITED POWER, INC.
500 COOPERATIVE WAY, BRIGHTON, COLORADO 80603.
The Board of Directors Proposes to amend the Bylaws of United Power, Inc. as follows:
- Establishes eligibility requirements for any director candidate to assure he/she is in good standing with the cooperative.
- Extending the required period of membership for eligible director candidates from two (2) years to three (3) years.
- Extending the required period for a prior cooperative employee, prior employee of a statewide association of electric cooperatives, an electric generation and transmission cooperative, material supply cooperative, financial cooperative, national electric cooperative, or other entity in which the electric cooperative is a member, or has been a member, or a close relative of a prior employee of the cooperative must wait before being eligible to serve as a director from three (3) years to ten (10) years.
- Defines the requirements a person representing a legal entity must meet to be eligible to be a candidate for a director.
A complete redline of the proposed changes is available on the cooperative’s website at www.unitedpower.com, or members may obtain a hardcopy at any United Power office, or via mail by calling 303-637-1300 and requesting that a copy be mailed to them at the address on file with the cooperative.
Pursuant to Article 11, Section 8 of the Bylaws of United Power Inc., you are hereby notified that the Board of Directors of United Power, Inc. proposes to adopt the following amendment(s) to United Power’s bylaws at a meeting of the Board to be held on October 23, 2024, unless a written petition is filed at United Power’s headquarters before close of business on October 22, 2024, signed by 100 or more Members, protesting the proposed amendments.
UNITED POWER, INC. By: /s/Stephen Whiteside, Secretary of the Board
NOTICE OF CHANGE IN THE RATES AND TARIFFS OF UNITED POWER, INC.
DATE OF NOTICE: April 26, 2024
You are hereby notified that UNITED POWER, INC. (United Power) proposes to make changes to several of its rate tariff schedules to become effective for energy usage on or after June 1, 2024. An increase is necessary for all rate classes to fund the exit from United Power’s Wholesale Supplier. There will be a 5.7% increase to the Large Commercial Coincidental Peak Primary Demand (CPP1) and a 6.1% increase to the Large Commercial Coincidental Peak Secondary Demand (CPS1). There will be an 8.6% increase to the Industrial Service Substation or Transmission Service (ITD1), a 9.2% increase to the Industrial Service Substation or Transmission Service (ITD3), and a 9.6% increase to Industrial Service Substation/Transmission Service (ITD4) rates. The Residential Time of Use (RTD1), Residential Smart Choice (RD1), Residential TOU Demand Service (RDP1), Large Commercial Secondary Demand Service (ISD1), and Large Industrial Primary Demand Service (IPD1) rates will have a 9.7% increase. The increase to the Residential (R1), Small Commercial (C1), and Small Commercial Time of Use (CTD1) rates will be 9.8%. The Industrial Service Substation or Transmission Service (ITD2) rate will have an increase of 9.9%. The increase to the Irrigation (IRR2) rate will be 10%. The Shared Lighting Service rate will have an increase of 11.3% and the Non-Metered Lighting Service rate will have an increase of 11.5%. The Small Industrial Primary Service (SIP1) rate increase will be 14%. The Renewable Resource Green Power Optional Rider Tariff, Sheet 9.3, will reflect updated program requirements and rates, effective Aug. 1, 2024, for a new, 100% Offset option on a per kWh basis and 100-kWh blocks.
In addition to rate tariff changes, there are minor modifications to update and reflect current business practices in the Rules and Regulations. These updates are to become effective on or after June 1, 2024. The identified areas needing revisions or updating include: (1) Service Connection and Line Extension Fee Schedule and (2) Current Business Practices for estimated billings.
The present and proposed tariff provisions are available for examination at the Coal Creek branch office, located at 5 Gross Dam Road, Golden, CO; the headquarters office located at 500 Cooperative Way, Brighton, CO; and the Carbon Valley Service Center office at 9586 E. I-25 Frontage Road, Longmont, CO.
Anyone who desires to comment about the proposed changes shall file either an informal complaint or a formal complaint with United Power at 500 Cooperative Way, Brighton, CO 80603 at least 10 days before the proposed effective date.
An informal complaint shall be in writing and shall contain such facts and other information to adequately state the reason(s) for the complaint. An informal complaint regarding the proposed tariff changes shall be considered by United Power, but will not require that a hearing be held.
Anyone who desires a hearing must file a specific and formal complaint to the proposed changes and a request for hearing at least 10 days before the proposed effective date. A formal complaint shall be in writing in the form prescribed by United Power’s Regulations Governing Consumer Complaints and Related Matters. Upon request, a copy of said regulations is available from United Power.
United Power may hold a hearing to determine what changes will be authorized, regardless of complaints. If proper formal complaints and request for hearings are timely filed, the United Power Board of Directors shall schedule a hearing. The changes ultimately authorized may or may not be the same as those proposed and may include changes different than those tariffs proposed or currently in effect. Anyone who desires to receive notice of hearings, if any, shall make a written request therefor to United Power, at the above address, at least 10 days before the proposed effective date.
UNITED POWER, INC.
By: Mark A. Gabriel, President and Chief Executive Officer
OFFICIAL POSTING OF NOMINATIONS FOR DIRECTOR BY PETITION
DATE OF NOTICE: February 16, 2024
The following persons have been nominated by petition and ruled as qualified by United Power’s all-volunteer, member led Qualifications and Election Oversight Committee to run for Director of United Power, Inc., in conjunction with the Annual Meeting of Members scheduled April 17, 2024.
Districts Mountain, North, Central, and South are up for three-year terms.
2024 Director Candidates are as follows:
Mountain District
Stephen Whiteside (Incumbent)
North District
Brian A. McCormick (Incumbent)
Central District
Tim Erickson (Incumbent)
Paige Wagner-Maul
South District
Brad Case (Incumbent)
Bylaw Ballot Question
The following question will appear on the 2024 ballot.
A “yes” vote is a vote in favor of changing the bylaws, and a “no” vote is a vote against changing the bylaws. Members can view the cooperative’s current bylaws online at www.unitedpower.com/bylaws-rates-tariffs.
Shall there be an amendment to Article 4, Section 4 of the Bylaws of United Power, Inc. to lengthen the term a Director holds office from three (3) years to four (4) years?
This notice is posted pursuant to Article 4, Section 6 of the Bylaws of United Power, Inc.
Posted: 2-16-2024
Cooperative Website
Brighton Headquarters
Carbon Valley Service Center
Coal Creek Office
LEGAL NOTICE: Change in the Rates, Rules, & Regulations Tariffs
NOTICE OF MEETING OF THE BOARD OF DIRECTORS TO AMEND THE BYLAWS OF UNITED POWER, INC.
DATE OF NOTICE: September 6, 2023
NOTICE OF PROPOSED AMENDMENTS TO THE BYLAWS OF UNITED POWER, INC., 500 COOPERATIVE WAY, BRIGHTON, COLORADO 80603.
The Board of Directors Proposes to amend the Bylaws of United Power, Inc. as follows:
- Housekeeping changes to keep titles, terms, and wording consistent throughout the document, clarifies the intent of vague bylaw language, and removes obsolete language.
- Changes to the bylaws where they are inconsistent with current Colorado State Statutes.
- Removes the descriptions of director district boundaries and replaces it with guidelines and procedures for potential redistricting as outlined.
- Updates and clarifications to the Director election process.
A complete redline of the proposed changes is available on the cooperative’s website at www.unitedpower.com, or members may obtain a hardcopy at any United Power office, or via mail by calling 303-637-1300 and requesting that a copy be mailed to them at the address on file with the cooperative.
Pursuant to Article 11.08 of the Bylaws of United Power Inc., you are hereby notified that the Board of Directors of United Power, Inc. proposes to adopt the following amendment(s) to United Power’s bylaws at a meeting of the Board to be held on October 25, 2023, unless a written petition is filed at United Power’s headquarters before the date of said meeting, signed by the lesser of five (5%) percent or 50 or more Members, protesting the proposed amendments.
UNITED POWER, INC. By: /s/Tamra Waltemath, Secretary of the Board
NOTICE
NOTICE OF CHANGE IN THE TARIFFS OF UNITED POWER, INC.
Date of Notice: November 15, 2022
You are hereby notified that UNITED POWER, INC. (United Power) proposes to introduce a new rate tariff schedule for Electric Vehicle Charges to become effective on or after January 1, 2023. The rate structure includes a Charging-as-a-Service monthly rate, company owned charging station rates for DC fast charging and for level 2 charging.
The present and proposed tariff provisions are available for examination at the headquarters office located at 500 Cooperative Way, Brighton Colorado; the Coal Creek Branch Office, located at 5 Gross Dam Road, Golden, Colorado; and the Carbon Valley Branch office at 9586 E. I-25 Frontage Road, Longmont, Colorado.
Anyone who desires to comment about the proposed changes shall file either an informal complaint or a formal complaint with United at 500 Cooperative Way, Brighton, Colorado 80603 at least 10 days before the proposed effective date.
An informal complaint shall be in writing and shall contain such facts and other information to adequately state the reason(s) for the complaint. An informal complaint shall be considered by United Power, in regard to the proposed tariff changes, but will not require that a hearing be held.
Anyone who desires a hearing must file a specific and formal complaint to the proposed changes and a request for hearing at least 10 days before the proposed effective date. A formal complaint shall be in writing in the form prescribed by United Power’s Regulations Governing Consumer Complaints and Related Matters. Upon request, a copy of said regulations is available from United Power.
United Power may hold a hearing to determine what changes will be authorized, regardless of complaints. If proper formal complaints and request for hearings are timely filed, the Board shall schedule a hearing. The changes ultimately authorized may or may not be the same as those proposed and may include changes different than those tariffs proposed or currently in effect. Anyone who desires to receive notice of hearings, if any, shall make a written request therefor to United Power, at the above address at least 10 days before the proposed effective date.
UNITED POWER, INC
By: Mark A. Gabriel, Chief Executive Officer