Northwest Rural Public Power District v. Basin Electric Power Cooperative

Analysis Group worked with the Northwest Rural Public Power District (NRRPD) in a complaint proceeding before the Federal Energy Regulatory Commission (FERC). The power district asked FERC to find that NRPPD could withdraw from the Tri-State Generation and Transmission Association’s wholesale power contract, subject to NRPPD’s payment of an exit fee. Our team supported Principal Paul Hibbard and Senior Advisor Susan Tierney, who testified on behalf of the NRRPD. Dr. Tierney opined on the regulatory principles that would be appropriate to use in interpreting whether the terms of the wholesale power contract would prevent NRPPD to exit the contract. Mr. Hibbard’s testimony provided a methodology that would be appropriate to use in calculating the exit fee for NRPPD’s withdrawal. FERC found that the wholesale power contract allowed for the withdrawal of NRPPD from the Tri-State system, based in part on the two experts’ testimonies.