Defend Rural Colorado’s Freedom to Access Clean Energy

Act Now: Help Protect Access to Local Clean Energy

Colorado is home to some of the nation’s best wind, solar and small hydro resources. Local communities should be free to access these renewable energy resources. When communities invest in local resources, they keep energy dollars close to home, create jobs, and reduce harmful carbon emissions.

Access to local clean energy is under threat: Tri-State Generation and Transmission  has asked the Federal Energy Regulatory Commission (FERC) to approve a rate penalty that would essentially stop rural communities from buying clean, local electricity.

Let your voice be heard before March 11: Tell FERC to reaffirm communities’ right to access clean energy. For more details, see below the petition.

Defend Freedom to Access Local Clean Energy

  

The Honorable Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426

Dear Ms. Bose,

We, the undersigned, urge the Commission to find that Tri-State’s proposed lost revenue penalty proposal contained in Tri-State’s revised Board Policy 101 is inconsistent with the Public Utilities Regulatory Policies Act of 1978 (“PURPA”) and the Commission’s implementing regulations.

Rate penalties placed on purchases of power from local qualifying facilities appear to run counter to the spirit and the letter of PURPA. PURPA Section 210 states an intention to “encourage cogeneration and small power production” through rate setting that is “just and reasonable to the electric consumers of the electric utility and in the public interest.”

As we consider the public interest in mitigating climate change and in promoting local economic development, we ask that the Commission deny approval of Tri-State's lost revenue penalty. Tri-State's proposal penalizes utilities like Delta-Montrose for buying local renewable energy that the Commission has said Delta Montrose is obligated to purchase. Approving the rate penalty would essentially undo the Commission's previous decision and hinder, rather than promote, local renewable energy development.

For these reasons, we urge you to reject Tri-State's proposed lost revenue penalty.

Sincerely,

[your signature]

87 signatures

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Proposed Penalty for Local Clean Power

In June of 2015, FERC affirmed the right of Delta-Montrose Electric Association (Delta-Montrose), a Western slope rural electric cooperative, to access local renewable energy from a small dam on an irrigation canal.

Federal  regulators ruled that local access to clean power superseded contractual restrictions imposed by Tri-State that would have otherwise barred Delta-Montrose and other communities from generating their own clean energy.

But access to local clean energy remains threatened: on February 17th, Delta-Montrose’s wholesale supplier, Tri-State asked the Federal Energy Regulatory Commission to approve a rate penalty on utilities like Delta-Montrose when they buy energy from local renewable energy projects.

This rate penalty would effectively make local renewable energy projects uneconomical, denying communities vital economic development opportunities and derailing efforts to move away from fossil fuels. It appears to violate both the letter and the spirit of the Public Utility Regulatory Policies Act (PURPA), which seeks to encourage local small-scale renewable energy generation.

Sign this petition and join us as we reaffirm the right of communities to access local sources of clean energy.

Resources

FERC’s 2015 Decision affirming Delta-Montrose’s ability to access clean energy under PURPA: Docket No. EL15-43-000

Clean Energy Action’s Letter of Support for Delta-Montrose in Tri-State’s February 17, 2016 Petition for Declaratory Order of Tri-State Generation and Transmission Association, Inc., Docket No. EL16-39-000

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