Xcel Dispute

Dear CORE member:

CORE Electric Cooperative has taken steps to withdraw from Comanche Unit 3 power plant ownership and has demanded that Public Service Company of Colorado (subsidiary of Xcel Energy) purchase the plant back under our contractual arrangements. We have sent a formal notice of withdrawal, triggering the withdrawal process.

Despite every effort by CORE to be heard, PSCo has ignored our rights and driven this plant to dysfunction through mismanagement and incompetence. As PSCo’s mismanagement of Comanche Unit 3 continues, we must take this step to protect your interests. We are finalizing new contracts to secure clean, reliable, and affordable energy supplies for CORE’s long-term future. We will keep you updated on this process.

I will continue to update you as the October 2023 trial date approaches.

Sincerely,

Jeff Baudier
Chief Executive Officer
CORE Electric Cooperative

Dear CORE Member,

Today, we filed a lawsuit on behalf of our members against Public Service Company of Colorado, a subsidiary of Xcel Energy, Inc (Xcel). The lawsuit alleges that Xcel breached its contractual obligations related to delivery of power to CORE from the Comanche 3 power plant located in Pueblo, CO.

We are committed to providing affordable, reliable power to you. Xcel’s breach of contract unjustifiably increased our power costs and damaged an asset co-owned by CORE. This suit is necessary to hold them accountable.

We only pursued this course of action after many months of attempted business resolution and extensive consultation with our legal and technical advisors.

We will continue to keep you updated with relevant details as this case progresses.

Sincerely,

Jeff Baudier
Chief Executive Officer
CORE Electric Cooperative

September 2022

• Exhibit T – Formal Notice of Election To Withdraw

April 2022

• Supplement to First Amended Complaint and Jury Demand
• Exhibit L – Reliability Engineering Root Cause Analysis
• Exhibit M – Rule 3204 Report
• Exhibit N – Rule 3204 Supplemental Report

February 2022

• First Amended Complaint and Jury Demand
• Exhibit A – JOA
• Exhibit B – O&M Agreement
• Exhibit C – Decision Opening Investigation
• Exhibit D – Public Staff Report, Volume 1
• Exhibit E – Structural Integrity Report
• Exhibit F – The Hunt Report
• Exhibit G-1 – The GE Report, Part One
• Exhibit G-2 – The GE Report, Part Two
• Exhibit H – PSCo Root Cause Report and Appendix
• Exhibit I – Human Performance Team Analysis
• Exhibit J – Notice of Claim Letter
• Exhibit K – Second Notice of Claim Letter

September 2021

• Motion to Deny Restricted Access

Public Utilities Commission (PUC) Proceedings

• Investigation of PSCo’s Comanche Unit 3 Generating Station (20I-0437E)
• Comanche 3 Incident (22I-0086E)

• “Next with Kyle Clark” – KUSA, 9/15/2022

• “A heat wave wasn’t the only reason Xcel Energy locked customers out of their thermostats — their largest coal plant broke down” – Colorado Public Radio, 9/12/2022
• “Blaming Xcel, electric coop says it’s withdrawing partial ownership of Comanche power plant” – Colorado Politics, 9/8/2022
• “Colorado’s largest electric cooperative no longer wants to own a piece of the state’s troubled Comanche coal plant” – Colorado Public Radio, 9/7/2022
• “CORE pulls out of Comanche 3 coal-fired plant, alleging ‘ongoing mismanagement’” – Power Engineering, 9/6/2022
• “Comanche 3’s shaky reason to exist” – Big Pivots, 4/7/2022
• “Will Comanche unit make 20 years?” – Big Pivots, 3/16/2022
• “Xcel Energy’s troubled Comanche 3 coal plant down again; regulators want to know why” – The Denver Post, 2/24/2022
• “Comanche 3 idled once again” – Big Pivots, 2/17/2022
• “Comanche 3 minority owner sues Xcel Energy” – Big Pivots, 9/8/2021
• “Cost of wholesale electricity nearly doubled for Colorado co-op suing Xcel Energy, its partner in Comanche 3” – The Colorado Sun, 9/8/2021
• “Electric cooperative sues Xcel Energy over Comanche coal plant’s output” – The Denver Post, 9/8/2021
• “Co-op Accuses Xcel of Coal Plant Mismanagement, Deception” – RTO Insider, 9/7/2021