Yellowstone Valley Electric Co-op says no to power charges
Yellowstone Valley Electric Cooperative is refusing to pay its share of recent rate increases and special fees imposed by its wholesale supplier.
Terry Holzer, YVEC’s general manager, said the co-op will no longer support what he called “bad decisions” by the Southern Montana Electric Transmission and Generation Cooperative board or its manager, Tim Gregori.
“We’re saying ‘no more’ to Mr. Gregori’s and the board’s bad decision-making,” Holzer said.
YVEC announced its position to its 14,000 members in a newsletter this week.
The Huntley-based cooperative is one of five rural cooperatives and the city of Great Falls that are members of Southern, which supplies power to its members. Billings-based Southern also is building the first phase of the 120-megawatt natural gas-fired Highwood Generating Station near Great Falls.
YVEC, Southern’s largest member, represents 32 percent of Southern’s revenue base.
Unanimous decision
In a unanimous board decision, YVEC voted not to pay a $321,200 special fee or its share of a 4.2 percent wholesale rate increase that Southern approved in June. YVEC’s share of the rate rise is $57,066 a month.
“We’re protecting our members from excessive costs,” Holzer said.
YVEC’s salvo is the latest development in a hardball battle between the co-op and its power supplier over multiple rate increases and management and contractual disputes.
YVEC sued Southern in 2008 to end its contract and to leave the umbrella organization. The case is set for trial in November before District Judge G. Todd Baugh.
Southern responded to YVEC’s nonpayment announcement by seeking a temporary restraining order and preliminary injunction. A hearing is set for Sept. 8 before Baugh.
“We’re going to seek an order from the judge to compel YVEC to honor the terms and conditions of its contracts,” Gregori said.
Protecting Southern
A restraining order and preliminary injunction are necessary “not only to protect the financial integrity of Southern and its other members, but to protect the 50,000 Montanans that rely on Southern and its other members to supply electricity,” Southern said in court records.
“YVEC’s failure to pay its obligations is wreaking material harm on Southern.”
Southern’s creditors and companies doing business with the cooperative, including PPL, CFC (a national bank for rural co-ops) and NorthWestern Energy, are now seeking deposits from Southern because YVEC is refusing to pay its contractual obligations and is disputing the enforceability of its contract, Southern said.
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Southern's creditors and companies doing business with the cooperative, including PPL, CFC (a national bank for rural co-ops) and NorthWestern Energy, are now seeking deposits from Southern because YVEC is refusing to pay its contractual obligations
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