Tri-State files legal challenge on Clean Power Plan

Tri-State Generation and Transmission Association, Inc. filed a legal challenge to the Environmental Protection Agency’s (EPA) Clean Power Plan by filing a Petition for Review with the United States Court of Appeals for the District of Columbia Circuit.

Tri-State, the wholesale power supplier to 44 member electric cooperatives and public power districts across the West, is also participating in motions for stay of the rule filed by a large group of states, trade organizations, utilities, energy producers and business interests.

Even as Tri-State works constructively with the states to develop state plans under the new rule, strong arguments exist to show EPA exceeded its legal authority and many of the requirements of the rule are legally flawed.

During the federal rulemaking process, Tri-State and many of its member systems raised legal and technical issues about the proposal and expressed concerns the rule would be unworkable and unenforceable. The EPA did little to address these concerns and issued a final rule, which prompted the legal challenge.

Tri-State appreciates the efforts of attorneys general across the country who have asked to stay implementation of the rule until all of the legal issues are resolved. A stay of the rule is warranted because of the irreparable harm that will occur long before the compliance obligations go into effect. Utilities are often required to comply with a rule and forced to make long-term decisions well before the legal process concludes.

While pursuing legal challenges to the federal rule, Tri-State is also committed to working with officials in the five states in which it operates to develop required state plans and minimize the impact these state plans have on its members and rural electricity consumers.

Tri-State addresses carbon emissions by maintaining highly efficient power plants, investing in renewable energy and supporting research and development. In 2014, 24 percent of the energy delivered by Tri-State and its member systems was from renewable resources, and the association’s renewable power supply will grow by another 281 megawatts with the completion of four wind and solar projects by 2017. Tri-State also supports progressive energy efficiency programs offered by its member systems.

In addition to Tri-State’s renewable energy resources and energy efficiency programs, fossil fuel resources remain essential to serve load, maintain reliability and manage power costs for its members.

Tri-State is the wholesale power supplier, operating on a not-for-profit basis, to 44 member electric distribution systems that serve 1.5 million members throughout 200,000 square miles of Colorado, Nebraska, New Mexico and Wyoming. Tri-State has operations in five states, including Arizona.

 

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