Tri-State Generation and Transmission Association, Inc. (Tri-State) is a not-for-profit, wholesale power supplier founded in 1952 and headquartered in Westminster, Colorado. It is owned by its 43-44 member distribution systems, which include electric cooperatives and public power districts across Colorado, Nebraska, New Mexico, and Wyoming. Tri-State serves approximately 1.5 million consumers across nearly 200,000 square miles. As of 2024, Tri-State reported annual operating revenue of $1.4 billion and has over 1,300 employees.
Tri-State's primary operations involve the generation, transmission, transformation, and wholesale sale of electricity. Their diverse fleet of electric resources includes natural gas, wind, and solar facilities. They also own and operate nearly 6,000 miles of transmission lines. Beyond power supply, Tri-State offers a range of services to its members, including transmission planning, ancillary services, policy and compliance support, and research and development programs. The cooperative aims to provide reliable, affordable, and responsible electricity, with a goal of being 50% renewable by 2024 and achieving a 70% reduction in CO2 emissions by 2030 from 2005 levels.
Tri-State's patent litigation posture is that of an operating company defending against infringement allegations. They are listed as a defendant in one tracked case, "Midwest Energy Emissions Corp. et al. v. Tucson Electric Power Co. et al.," filed in the Arizona District Court. This case, initiated on July 30, 2024, involves claims of patent infringement related to mercury emissions reduction technologies. This specific lawsuit is part of a larger multi-district litigation concerning Midwest Energy Emissions Corp.'s patents on mercury capture at coal-fired power plants.
In addition to patent litigation, Tri-State has been involved in other notable legal and regulatory contexts. For instance, they have faced disputes regarding "exit charges" for member cooperatives seeking to withdraw from the association. A 2020 ruling by the Colorado Public Utilities Commission in a case with United Power, Inc. established a methodology for calculating these exit fees. In 2023, Tri-State and United Power executed a term sheet to settle litigation related to power purchases and the sale of utility assets, with the contract termination payment to be determined by the Federal Energy Regulatory Commission (FERC). Similar negotiations have also occurred with La Plata Electric Association (LPEA). FERC has also reviewed Tri-State's rate schedules and procedures for calculating exit fees.