From The Durango Herald (Mary Shinn):
Public Utilities Commission says it has authority to hear dispute
La Plata Electric Association and other electrical co-ops may gain insight about buying out of a contract with their wholesale electrical supplier after the Colorado Public Utilities Commission ruled this week it can oversee a dispute about the buyout fee.
LPEA is exploring a buyout from its contract with Tri-State Generation and Transmission, in part, because the wholesaler caps how much renewable power LPEA can purchase from outside sources at 5 percent as part of a contract that does not expire until 2050. Tri-State is a nonprofit of 43 member electric cooperatives, including LPEA and Delta-Montrose Electric Association.
DMEA is interested in buying out of its contract because Tri-State’s prices have been rising since 2005, and, at the same time, electricity costs in general have fallen, said Virginia Harman, DMEA’s chief operating officer.
DMEA is also interested in developing more local renewable energy than allowed under its contract with Tri-State, she said.
“We are not looking for a free exit; we are looking for fair exit,” she said.
DMEA brought a case to the Public Utilities Commission last year because it felt the fee Tri-State demanded to buy out of its contract is unreasonable.
DMEA is formally asking the PUC to establish an exit fee that is “just, reasonable and nondiscriminatory,” according to a news release.
Becky Mashburn, spokeswoman for DMEA, declined to name the amount Tri-State is asking for the co-op to leave its contract.
Colorado’s PUC ruled Thursday it has the authority to determine whether Tri-State is charging DMEA a just and reasonable price to buy out of its contract, said Terry Bote, spokesman for the Department of Regulatory Agencies. A hearing about the buyout charge will be held in June, he said.
Tri-State had filed a motion to dismiss the case brought by DMEA, arguing the dispute about the exit fee is a contractual dispute.
The PUC rejected Tri-State’s argument, ruling the commission has jurisdiction over the buyout charge dispute because it is a statutory issue, he said.