March 2, 2022

To Bridger Valley Electric Association Board of Directors,

Recently, Net Metering Members were sent a letter from General Management, Jud Reddin. This letter states “Through our analysis of information, we have determined that the Tariff change to pay members monthly, rather than at year end for energy produced, is not going to be a large difference for either for the member or the cooperative. Therefore, the board has determined that any member who desires to do so and who signed an Interconnection Agreement for net metering service prior to October 1, 2021 will be allowed to carry energy credits forward to the end of the calendar year rather than being paid for excess energy at the end of each month.” While we appreciate the efforts of the board to reconcile differences, this statement is vague enough to cause future disruptions between Net Metering Members and BVEA in expectations, and communications. At this time, I appeal this offer to make further noted terms and conditions, as well as the agreement being represented to Net Metering Members as a signed contractual agreement. At this time, we collectively as a group, would like the following conditions to be met. 

First, we ask it to be declared if this is a continuation of the agreement which most of us originally signed, which is the agreement and tariff in place prior to July 1, 2021; or if this is an addendum to the interconnection agreement, tariff, and subsequent Compromise Agreement, filed with the State of Wyoming after July, 1,2021. If this offer stands as an addendum, rather than honoring the original contract, we collectively want a clause added to clarify a route of communication between any future changes to Schedule M and the Tariff that may impact Members and the Board. This was addressed with the Board in December, in regards to BVEA’s Interconnection Agreement (post July 1,2021) Section 6 which allows for changes to be automatically incorporated without prior communication with Members. Given that new adjustments are being made, clarification on Member Notification is pertinent to avoiding future disputes. 

Secondly, we would like verbiage declaring if kwhr compensation will occur as one excess kwhr produced equating to one kwhr accredited for future use. We find that if there is a percentage type compensation for kwhr, not a whole kwhr for whole kwhr compensation, this agreement has less merit in fulfilling Net Metering Members requirements to settle this dispute amicably without further intervention. 

Third, it is in the best interest of all parties to have clear communication and expectations. We require a contractual length to which this agreement will be extended, to be written in any further extensions of this agreement, whether the Board determines this is extending our original contract or an addendum to the contract and subsequent compromise put in place by BVEA. We can appreciate that this is not an open ended offer, however, it is pertinent to have a lifetime noted in any further agreements, or extensions of this offer. At this time, we ask that the Board approve a 20 year minimum time frame, which also reflects the time frame noted in the Compromise Agreement extended by BVEA in January. 

Finally, we do require that this extended agreement be processed through the State of Wyoming as part of the Tariff agreement, and as an option for the Schedule M agreement. Given that BVEA typically begins working with the State of Wyoming in the spring months, we feel that this is pertinent for the protection of Members, BVEA Co-op, and for any future disputes. 

We appreciate your efforts in resolving disputes, and feel that this is a great first step. However, Net Metering Members desire to fully resolve this issue, not leaving any vague or loose descriptions of how further relationships, and treatment of Net Metering Members and BVEA will proceed. We look forward to your response and encourage the Board to make clear any other terms or conditions the Board presumes to be part of this agreement. We ask that this offer be delivered in writing to all Net Metering Members impacted by this agreement and changes, so that they may choose and sign for themselves the agreement which best represents their needs. You will find a petition enclosed of members to which this letter represents their further requests in response to the letter sent our January 23, 2022 by BVEA. 

Sincerely, 

Trina Cervantes

Net Metering Members represented by this petition