• Terms outline Settlement Agreement for power purchases and sale of utility assets.
• Following execution of a Settlement Agreement, United Power and Tri-State will file to dismiss litigation in the Adams County District Court.
• Settlement Agreement does not address contract termination payment proceeding before federal regulators.

Brighton/Westminster, Colorado – On Nov. 1, 2023, United Power, Inc. (United Power) and Tri-State Generation and Transmission Association, Inc. (Tri-State) executed a Term Sheet that sets forth terms for the two utilities to make good faith efforts to execute a formal Settlement Agreement involving power purchases and the sale of utility assets from Tri-State to United Power. 

The Term Sheet provides for a mutual release of claims and that the parties will cooperate to complete a Settlement Agreement and related agreements by Dec. 8, 2023, at which time United Power and Tri-State will jointly file for dismissal of the lawsuit, with prejudice, pending in the Adams County District Court.   

On Nov. 1, 2023, Tri-State’s Board of Directors unanimously approved the Term Sheet. On Nov. 6, 2023, United Power’s Board of Directors unanimously approved the Term Sheet. 

Tri-State and United Power will continue to take actions to ensure United Power’s timely exit by May 1, 2024, upon payment of a contract termination payment, with the amount to be set by the Federal Energy Regulatory Commission (Commission).  

The Settlement Agreement will not address the Commission proceeding related to the contract termination payment that members will pay to Tri-State to terminate their contracts early and withdraw from membership. The parties expect the Commission to issue a decision in that proceeding shortly.  

No further public comments will be made about the Settlement Agreement.

About United Power

United Power is a member-owned, not-for-profit electric cooperative, delivering electricity to homes, farms, and businesses throughout Colorado’s northern Front Range. The cooperative is one of the fastest-growing electric co-ops in the nation, and in June 2021 joined the elite ranks of cooperatives serving more than 100,000 meters. The 900-square mile service territory extends from the mountains of Coal Creek and Golden Gate Canyon, along the I-25 corridor and Carbon Valley region, to the farmlands of Brighton, Hudson, and Keenesburg. United Power is also a founding member of the NextGen Cooperative Alliance, which is dedicated to expanding the power supply and procurement options available to distribution co-ops and reforming the traditional generation and transmission business model. For more information about United Power, visit www.unitedpower.com or follow the cooperative on Facebook, X (formerly Twitter), LinkedIn, YouTube, and Instagram.

About Tri-State Generation and Transmission

Tri-State is a power supply cooperative of 45 members, operating on a not-for-profit basis, including 42 utility electric distribution cooperative and public power district members in four states. Together with our member/owners, we deliver reliable, affordable and responsible power to more than a million electricity consumers across nearly 200,000 square miles of the West. For more information about Tri-State, visit www.tristate.coop.

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NOTICE OF CHANGE IN THE RATES, RULES, AND REGULATIONS TARIFFS OF UNITED POWER, INC.

DATE OF NOTICE: October 27, 2023

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 Jan. 1, 2024 (billings issued after Feb. 1, 2024*). An increase is necessary for all rate classes due to increased wholesale power supply costs and increased distribution expenses since the last increase effective Jan. 1, 2020. There will be a 9% increase to Industrial Service Substation or Transmission Service (ITD4) and a 9.1% increase to Industrial Service Substation or Transmission Service (ITD1). There will be a 9.2% increase to Industrial Service Substation or Transmission Service (ITD2) and 9.3% increase to Small Industrial Primary (SIP1). The Residential (R1) rate class, Large Commercial Coincidental Peak Secondary Demand (CPS1), and the Industrial Service Substation or Transmission Service (ITD3) will have a rate increase of 9.5%. There will be a 9.6% increase to Small Commercial (C1), Large Commercial Secondary Demand Service (ISD1), Large Commercial Coincidental Peak Primary Demand (CPP1), and a 9.8% increase to Residential On-Peak Demand Time-of-Use Service rate (RDP1). The Residential Time of Use (RTD1), Residential Smart Choice (RD1), Small Commercial Time of Use (CTD1), and Irrigation (IRR2) rates will have an increase of 9.9%. The non-metered light service (L2) will have an increase of 7.8%. The increase to rates R1, RTD1, RDP1, RD1, C1, CTD1, IRR2, ISD1, SIP1, IPD1, ITD1, ITD2, ITD3, and ITD4 will include a wholesale power cost adjustment (PCA) to the energy usage and an increase in the demand charge. The PCA for each rate will be listed on the PCA rate tariff (7.1), and the change in demand will be listed on each applicable rate tariff. Net Metering Service will reflect an increase in the rated capacity limit from 120% to 200% of annual energy usage, and the Electric Vehicle Charges under the pilot program will be updated to an established program. 
  
In addition to rate tariff changes, there are several modifications to update and reflect current business practices in the Rules and Regulations. These updates are to become effective on or after Jan. 1, 2024. Staff has reviewed the current Rules and Regulations tariffs. Business units across the organization were involved in the review. The following main areas have been identified needing revisions or updating: (1) incorporating Regulatory Policy, (2) incorporating Line Extension Policy, (3) updates to Service Connection and Line Extension Fee Schedule, (4) formatting and grammatical updates for ease of use, consistency, and clarity, and (5) updates for Current Business Practices to reflect technological changes, system changes, and efficiencies.

The present and proposed tariff provisions are available for examination at the Coal Creek Branch Office, located at 5 Gross Dam Road, Golden, Colorado; the headquarters office located at 500 Cooperative Way, Brighton, 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 Power 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 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 therefore 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

*BIlls received prior to Feb. 1 may include some January usage. If so, the bill will reflect the new rate for that usage.

United Power members can find more information about the proposed 2024 rate increase here. 

United Power Announced Three New Power Purchase Agreements in July

United Power recently announced three new power purchase agreements in advance of its upcoming exit from its current wholesale power contract with Tri-State Generation and Transmission in May 2024. The cooperative has reviewed dozens of power supply proposals over the past several months to determine the most fiscally and socially responsible partners moving forward. Finding and securing established partners in the energy industry will not only ensure sufficient power supply is available for United Power’s growing load, but having multiple agreements also presents added flexibility for the cooperative’s power mix.

United Power tried to no avail to negotiate more contract flexibility and lower costs on behalf of its members. These costs are above market value, accounting for more than 70% of the cooperative’s operating expenses. Further, the existing contract locks United Power into a restrictive generation mix and prevents it from obtaining more than 5% of its total load from locally generated sources, such as utility-scale solar farms, gas-capture facilities, or even residential rooftop solar. The cooperative’s  power purchase agreements announced in July demonstrate the freedom available by exiting its current wholesale power contract next year. 

Two of the three agreements will facilitate a large portion of United Power’s expected load when the cooperative exits its current contract. The cooperative’s load is presently the largest among Colorado distribution co-ops — at more than 630 megawatts (MW) — despite serving the smallest geographic footprint. The third agreement is an innovative battery storage solution that will help mitigate costs when power demand is high — also known as peak demand. 

“The energy industry is entering a period of revolutionary change,” said Mark A. Gabriel, United Power’s President and Chief Executive Officer. “We have always put our members first and will continue to do so while advancing our position as an industry-leading distribution cooperative. Leaving our restrictive wholesale power contract affords us the flexibility and freedom to keeps rates competitive, join national power markets, and attract innovative energy partners.” 

As the exit date approaches, questions about the cooperative’s future have started to circulate. It is important that members know the upcoming power supply transition will not impact your membership with the cooperative. United Power will continue as your power provider. New power suppliers will allow the co-op to better serve its members, who can expect the same commitment to delivering reliable and economical electricity to local homes and businesses. Office locations in Brighton, Coal Creek, and Carbon Valley will also still provide the service and support members have come to expect.  

Guzman to Provide Key Power Block

United Power’s power purchase agreement with the Denver-based power supplier Guzman Energy locks in one-third of the cooperative’s power needs beginning in May 2024. The 15-year agreement features fixed wholesale power pricing that provides prearranged power supply costs and rate stability for members. 

Guzman partners with cooperatives, municipalities, companies, and tribes across North America to customize energy portfolios that make economic and environmental sense.

New Utility-Scale Solar Addition

United Power signed a 25-year power purchase agreement to receive power from Whetstone’s Solar of Alamosa project in Southern Colorado. It will add 30 MW of renewable energy to the co-op’s diverse portfolio of generation resources beginning in 2024. 

The solar farm sits atop one of the state’s highest elevation plateaus and receives some of the highest irradiance in the country. Built in 2012, project upgrades are scheduled throughout 2024 to achieve optimum power output. 

Ameresco’s Largest Battery Project

United Power and Ameresco will partner to connect nearly 80 MW/315 MWh of battery storage capacity throughout the cooperative’s service territory. The groundbreaking project will allow United Power to balance its load while integrating renewable resources. Batteries will be located on eight different cooperative-owned substation sites in Adams, Broomfield, and Weld counties, storing and dispatching power during heavy consumption periods.