BEFORE THE PUBLIC UTILITIES COMMISSION OF
THE STATE OF COLORADO
PROCEEDING NO. 18F-0866E

DELTA-MONTROSE ELECTRIC ASSOCIATION,
COMPLAINANT.
V.
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.,

Colorado PUC E-Filings System

RESPONDENT.

MOTION TO INTERVENE OUT OF TIME OF
THE COLORADO ENERGY OFFICE OR, IN THE ALTERNATIVE, FOR LEAVE TO
PARTICIPATE AS AMICUS CURIAE
The Colorado Energy Office (“CEO”) by and through its undersigned counsel,
respectfully requests that the Commission grant its motion to intervene out of time as a
matter of right or permissively, or in the alternative, grants the CEO leave to participate as
amicus curiae.
Rule 1400(a) Conferral
1.

Pursuant to Rule 1400(a) of the Rules of Practice and Procedure, 4 CCR 723-

1-1400(a), the CEO conferred on this motion with the current parties in this proceeding:
Delta-Montrose Electric Association (“DMEA”) and Tri-State Generation and Transmission
Association (“Tri-State”). DMEA does not oppose the relief CEO requests. Tri-State opposes
the motion and reserves the right to respond.
Grounds for Intervention
2.

The CEO has a statutory mandate to:

(a) Sustain the Colorado energy economy and promote all Colorado energy; (b)
Promote economic development in Colorado through energy-market advances that
create jobs; (c) Encourage Colorado-based clean and innovative energy solutions
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 that include traditional, clean, and renewable energy sources in order to encourage
a cleaner and balanced energy portfolio; (d) Promote energy efficiency; (e) Increase
energy security; (f) Lower long-term consumer costs; and (g) Protect the
environment.1
3.

The CEO carries out its mandate, in part, by intervening in PUC proceedings

where it can bring a unique perspective representing the interests of Governor’s office and
the state of Colorado as a whole. Under § 40-6-108(2)(b), C.R.S., the CEO “shall be granted
leave to intervene as a matter of right, upon a timely filing of a petition or other pleading in
accordance with this section, in adjudicatory matters affecting gas or electric utilities;
except that the office shall not be a party to any individual complaint between a utility and
an individual.”
4.

The CEO recognizes that this intervention request comes after the 30-day

intervention period ending on January 9, 2019, established by the Commission’s Notice of
Hearing filed on December 10, 2018; however, the CEO asks the Commission to find good
cause for its late-filed intervention. Governor Jared Polis appointed Will Toor as CEO’s
new director, and Mr. Toor took office on January 14, 2019. Mr. Toor was not able to review
the Complaint and make a decision to participate in this proceeding until January 17, 2019,
and with the holiday weekend, January 22, 2019, was the earliest that CEO could file this
motion. The CEO asserts that this late-filed intervention will not prejudice any other
parties in this proceeding because the Commission has not ruled on any of the requests for
intervention, nor has it established a procedural schedule.
5.

This proceeding is a Complaint filed by DMEA, an electric cooperative

association, against Tri-State, a generation and transmission association that supplies
DMEA with electricity under a wholesale electric service contract.2 DMEA wishes to

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2

§ 24-38.5-101(1), C.R.S.
Compl. ¶¶ 1-4.

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 withdraw voluntarily from its membership with Tri-State in order to take advantage of less
expensive renewable generation resources and enable economic development in its service
territory.3 DMEA asserts that the exit charge Tri-State has offered DMEA is unjust,
unreasonable, and discriminatory, and DMEA asks the Commission to set a reasonable
charge.4
6.

Although this is a complaint case against a utility, DMEA is not an

individual and the issues raised by this proceeding will affect more than just DMEA as a
member of Tri-State. DMEA serves approximately 28,000 members in Delta, Montrose,
and Gunnison Counties.5 The outcome of this proceeding will determine whether these
28,000 customers must remain tied to the wholesale rates and generation mix of Tri-State
or set the just and reasonable price that these 28,000 customers must pay to be relieved of
those obligations. Pursuant to § 24-38.5-102, C.R.S., the CEO works with communities in
Delta, Montrose, and Gunnison Counties and DMEA to promote “clean and renewable
energy,” “energy efficiency technologies and practices,” and “energy storage systems.”6
These changes may only be possible if the Commission sets a just and reasonable charge for
DMEA to withdraw from Tri-State. Additionally, CEO’s participation in this proceeding will
further its mandate of “lower[ing] long-term consumer costs”7 for Colorado customers of
DMEA and of the other members of Tri-State. Thus, the CEO’s mission and statutory
authority serve as a legally protected right affected by this proceeding sufficient to justify
intervention as of right under Rule 1401(b) of the Commission’s Rules of Practice and
Procedure, 4 CCR 723-1-1401(b).

Compl. ¶¶ 5-7.
Compl. ¶¶ 10-15, 18.
5 Compl. ¶ 2.
6 See § 24-38.5-102(1)(a), C.R.S.
7 See § 24.38.5-101(1)(f), C.R.S.
3
4

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 7.

If the Commission does not permit the CEO to intervene as a matter of right,

the CEO asks the Commission to grant it permissive intervention under Rule 1401(c) of the
Rules of Practice and Procedure, 4 CCR 723-1-1401(c). The CEO’s mission and statutory
mandate, as stated above, serve as a pecuniary and tangible interest in this proceeding.
The just resolution of this proceeding will likely also affect other members of Tri-State in
Colorado, whose electric generation mix and whose customer’s energy rates fall within the
CEO’s statutory mandate. If the Commission sets a just, reasonable, and
nondiscriminatory exit charge for DMEA, it will serve to protect the remaining members of
Tri-State—and by extension, their individual customers—from the burden of having to pay
additional costs associated with DMEA’s exit. Additionally, if the Commission prescribes a
formula to establish a just and reasonable exit charge, it may allow other members of TriState to exit voluntarily and fairly in order to pursue additional renewable energy
generation and economic development in their service territories.
8.

The CEO does not currently know precisely what evidence, if any, it will bring

forward in this proceeding; however, the CEO’s intervention will not broaden the issues
raised in this proceeding.
9.

No other intervener can represent the mission of the CEO and the interests

of the Governor’s office.
Alternative Request to Participate as Amicus Curiae
10.

If the Commission denies the CEO’s request to intervene, the CEO asks

alternatively for permission to participate as amicus curiae pursuant to Rule 1200(c) of the
Rules of Practice and Procedure, 4 CCR 723-1-1200(c). As amicus curiae, the CEO intends
to address any legal issues that arise or have arisen in this proceeding, including TriState’s Motion to Dismiss asserting that the Commission does not have jurisdiction to hear
this Complaint.

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 WHEREFORE, the CEO respectfully requests that the Commission grant its permission to
intervene out of time as a matter of right or permissively, or in the alternative, to
participate as amicus curiae. The CEO requests all pleadings, correspondence, discovery
and other documents be served on the following individuals:
Jessica L. Lowrey
Assistant Attorney General
Natural Resources and Environment Section
1300 Broadway, 7th Floor
Denver, CO 80203
jessica.lowrey@coag.gov
Lindsey Stegall
Jocelyn Durkay
Colorado Energy Office
1580 Logan Street, Suite 100
Denver, CO 80203
lindsey.stegall@state.co.us
jocelyn.durkay@state.co.us

Electronic documents only to:
Barbara Dory
barbara.dory@coag.gov

Respectfully submitted this 22nd day of January, 2019.
PHILIP J. WEISER
Attorney General
/s/ Jessica L. Lowrey
JESSICA L. LOWREY, 45158
Natural Resources and Environment Section
1300 Broadway, 7th Floor
Denver, CO 80203
Telephone: 720.508.6167
Email: jessica.lowrey@coag.gov

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