UNITED STATES OF AMERICA
`BEFORE THE
`FEDERAL ENERGY REGULATORY COMMISSION
`
`DOCKET NoS. ER20-2441-000
`ER20-2442-000
`
`EL20-68-000
`
`ER21-426-000
`
`ER21-768-000
`
`ER21-682-000
`(CONSOLIDATED)
`
`BASIN ELECTRIC POWER COOPERATIVE
`
`|
`
`|
`
`|
`
`|
`
`|
`
`|
`
`|
`
`|
`
`| DOCKET Nos. ER22-137-000
`| EL23-12-000
`| ER23-2970-000
`| EL24-10-000
`| EL25-16-000
`| EL22-10-000
`| ER23-194-000
`| ER25-11-000
`| (CONSOLIDATED)
`I
`
`|
`
`DOCKET No. ER25-2862-000
`(NOT CONSOLIDATED)
`
`BASIN ELECTRIC POWER COOPERATIVE MOTION FOR LEAVE
`TO ANSWER AND ANSWER
`
`Pursuant to Rules 212 and 213 of the Federal Energy Regulatory Commission’s
`(“Commission” or “FERC”) Rules of Practice and Procedure,! Basin Electric Power
`Cooperative (“Basin Electric”) respectfully moves for leave to answer and answers the
`
`answers filed by Tri-State Generation and Transmission Association, Inc. (“Tri-State”)?
`
`18 C.F.R. §§ 385.212 and 385.213 (2025).
`
`[}
`
`Tri-State Generation and Transmission Association, Inc., Answer in Opposition to Requests for
`Deferral of Tri-State Generation and Transmission Association, Inc., Docket Nos. ER20-2441-000, et
`al. (filed Oct. 14, 2025) (“Tri-State Answer”).
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 2
`
`and Wright-Hennepin Cooperative Electric Association (“Wright-Hennepin™)? (together,
`“Protestors”) in response to the joint request of McKenzie Electric Cooperative, Inc.
`(“McKenzie”) and Basin Electric for the deferral of Commission action in Docket Nos.
`ER20-2441-000, ER20-2442-000, EL20-68-000, ER21-426-000, ER21-768-000, ER21-
`682-000, ER22-137-000, EL23-12-000, ER23-2970-000, EL24-10-000, EL25-16-000,
`EL22-10-000, ER23-194-000, and ER25-11-000 (together, “Deferral Request
`Proceedings”).* As explained in the Deferral Request, the request for deferral of
`Commission action is intended to accommodate finalization of a settlement agreement by
`and among McKenzie, Basin Electric, and Upper Missouri G. & T. Electric Cooperative,
`d/b/a Upper Missouri Power Cooperative (“Upper Missouri”’). The settlement agreement
`is intended to address all issues in dispute among McKenzie, Basin Electric, and Upper
`Missouri in the Deferral Request Proceedings.> Because the Deferral Request and tentative
`settlement agreement do not implicate issues raised by Tri-State or Wright-Hennepin in the
`Deferral Request Proceedings, Basin Electric respectfully requests that the Commission
`
`reject Protestors’ answers in opposition to the Deferral Request.
`
`98}
`
`Wright-Hennepin Cooperative Electric Association, Answer in Opposition to Request for Deferral of
`Commission Action of Wright-Hennepin Cooperative Electric Association, Docket Nos. ER20-2441-
`000, et al. (filed Oct. 8, 2025) (“Wright-Hennepin Answer”).
`
`(B
`
`McKenzie Electric Cooperative, Inc., et al., Joint Request of McKenzie Electric Cooperative, Inc. and
`Basin Electric Power Cooperative for Deferral of Commission Action to Accommodate Finalization of
`Settlement, Docket Nos. ER20-2441-000, et al. (filed Sept. 29, 2025) (“Deferral Request”). Basin
`Electric notes that while Wright-Hennepin included Docket No. ER25-2862-000 in its case caption, that
`docket was not included in the Deferral Request. Basin Electric further notes that while Tri-State
`included Docket No. EL25-92-000 in its case caption, Basin Electric addresses Tri-State’s answer in
`that proceeding in Docket No. EL25-92-000.
`
`193
`
`Deferral Request at 1.
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 3
`
`I. MOTION FOR LEAVE TO ANSWER
`
`Basin Electric respectfully requests leave to answer the Protestors’ answers. Basin
`Electric recognizes that the Commission’s regulations prohibit answers to specific types of
`pleadings, including answers.® Nevertheless, the Commission will grant a motion for leave
`to answer an answer if it provides information that will assist the Commission in its
`decision-making process, narrows or clarifies important issues, corrects misstatements, or
`ensures an accurate and complete record. Basin Electric’s answer corrects misstatements
`made and clarifies issues raised in the Protestors’ answers,® which will ensure that the
`Commission has a complete record upon which to base its decision. Consequently, good
`cause exists for the Commission to accept Basin Electric’s answer.
`
`II. ANSWER
`
`Contrary to Protestors’ claims,? deferral of the Deferral Request Proceedings for
`the requested ninety days from the date of the Deferral Request will not unduly prejudice
`Protestors. First, the requested ninety-day deferral is tailored to allow McKenzie, Basin
`
`Electric, and Upper Missouri to reach a settlement of the issues in dispute among
`
`=
`
`See 18 C.F.R. § 385.213(a)(2).
`
`See, e.g., PJM Interconnection, L.L.C., 156 FERC Y 63,022, at P 4 (2016) (explaining that “Commission
`precedent interpreting Rule 213 regularly permits answers to an answer when doing so facilitates the
`decision-making process, helps to clarify complex issues, and helps to ensure a full and complete
`record.”); Sound Energy Sols., 107 FERC 9 61,263, at n.37 (2004) (accepting an answer to an answer
`“to help clarify the issues under consideration”); ANR Pipeline Co., 87 FERC 61,175, at 61,688 (1999)
`(accepting an answer to an answer “to achieve a more complete record.”); S. Minn. Mun. Power Agency,
`57 FERC Y 61,136, at 61,494 (1991) (accepting an answer to an answer that “purports to correct factual
`misstatements . . . and to complete the arguments of the parties.”).
`
`[BN]
`
`loo
`
`Basin Electric’s silence with respect to any argument or claim made in Protestors’ Answers should not
`be considered agreement or acquiescence to any unaddressed conclusions or statements.
`
`o
`
`Tri-State Answer at 5, 10-13; Wright-Hennepin Answer at 13.
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 4
`
`McKenzie, Basin Electric, and Upper Missouri.!? Neither Tri-State nor Wright-Hennepin
`addressed the issues raised by McKenzie in the Docket Nos. EL20-68-000, et al.
`proceedings in their post-hearing initial or reply briefs or in their briefs on or opposing
`exceptions to the Initial Decisionl! in those proceedings. By resolving the issues in dispute
`among McKenzie, Basin Electric, and Upper Missouri, the tentative settlement could
`reduce or eliminate the number and the complexity of the issues that remain pending before
`the Commission in the Deferral Request Proceedings. This, in turn, could reduce the
`Commission resources and time necessary to resolve the still-pending proceedings.
`Further, as explained in the Deferral Request, the issues Tri-State and Wright-
`Hennepin have raised and pursued in the above-captioned proceedings,’2 would not be
`addressed or resolved through the tentative settlement. Thus, even if the Commission were
`to grant the requested deferral, Tri-State and Wright-Hennepin would continue to have the
`opportunity for Commission action on the issues that they themselves raised, and such
`
`action would only be delayed by ninety days.
`
`Deferral Request at 1.
`1 Basin Elec. Power Coop., 187 FERC 9 63,021 (2024) (“Initial Decision”).
`
`12 While the Deferral Request does not address Docket No. ER25-2862-000, which Wright-Hennepin
`included in its case caption, Basin Electric notes that the Commission already has acted on the issues in
`dispute in Docket No. ER25-2862-000.
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 5
`
`III. CONCLUSION
`
`WHEREFORE, for the foregoing reasons, Basin Electric respectfully requests that
`the Commission grant its motion for leave to answer, accept its answer, and reject the
`
`Protestors’ Answers.
`
`Respectfully submitted,
`
`THOMPSON COBURN LLP
`
`/s/ Jesse Halpern
`
`Jesse Halpern
`Nicole S. Allen
`Rebecca L. Shelton
`Jenna E. Cliatt
`
`1909 K Street, NW
`
`Suite 600
`
`Washington, DC 20006
`Telephone: 202.585.6900
`
`Counsel for Basin Electric Power
`Cooperative
`
`November 6, 2025
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I have served this day copies of the foregoing on the official
`service lists compiled by the Office of the Secretary in accordance with Rule 2010 of the
`Commission Rules of Practice and Procedure.
`
`Dated at Washington, D.C. this 6th day of November, 2025.
`
`/s/ Jesse Halpern
`
`Jesse Halpern
`
`Thompson Coburn LLP
`
`1909 K Street, NW
`
`Suite 600
`
`Washington, DC 20006
`
`Telephone: 202.585.6900
`
`E-Mail: jhalpern@thompsoncoburn.com
`
`Counsel for
`Basin Electric Power Cooperative
`
`
`
`
`
`
`
`
`
`BEFORE THE
`FEDERAL ENERGY REGULATORY COMMISSION
`
`DOCKET NoS. ER20-2441-000
`ER20-2442-000
`
`EL20-68-000
`
`ER21-426-000
`
`ER21-768-000
`
`ER21-682-000
`(CONSOLIDATED)
`
`BASIN ELECTRIC POWER COOPERATIVE
`
`|
`
`|
`
`|
`
`|
`
`|
`
`|
`
`|
`
`|
`
`| DOCKET Nos. ER22-137-000
`| EL23-12-000
`| ER23-2970-000
`| EL24-10-000
`| EL25-16-000
`| EL22-10-000
`| ER23-194-000
`| ER25-11-000
`| (CONSOLIDATED)
`I
`
`|
`
`DOCKET No. ER25-2862-000
`(NOT CONSOLIDATED)
`
`BASIN ELECTRIC POWER COOPERATIVE MOTION FOR LEAVE
`TO ANSWER AND ANSWER
`
`Pursuant to Rules 212 and 213 of the Federal Energy Regulatory Commission’s
`(“Commission” or “FERC”) Rules of Practice and Procedure,! Basin Electric Power
`Cooperative (“Basin Electric”) respectfully moves for leave to answer and answers the
`
`answers filed by Tri-State Generation and Transmission Association, Inc. (“Tri-State”)?
`
`18 C.F.R. §§ 385.212 and 385.213 (2025).
`
`[}
`
`Tri-State Generation and Transmission Association, Inc., Answer in Opposition to Requests for
`Deferral of Tri-State Generation and Transmission Association, Inc., Docket Nos. ER20-2441-000, et
`al. (filed Oct. 14, 2025) (“Tri-State Answer”).
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 2
`
`and Wright-Hennepin Cooperative Electric Association (“Wright-Hennepin™)? (together,
`“Protestors”) in response to the joint request of McKenzie Electric Cooperative, Inc.
`(“McKenzie”) and Basin Electric for the deferral of Commission action in Docket Nos.
`ER20-2441-000, ER20-2442-000, EL20-68-000, ER21-426-000, ER21-768-000, ER21-
`682-000, ER22-137-000, EL23-12-000, ER23-2970-000, EL24-10-000, EL25-16-000,
`EL22-10-000, ER23-194-000, and ER25-11-000 (together, “Deferral Request
`Proceedings”).* As explained in the Deferral Request, the request for deferral of
`Commission action is intended to accommodate finalization of a settlement agreement by
`and among McKenzie, Basin Electric, and Upper Missouri G. & T. Electric Cooperative,
`d/b/a Upper Missouri Power Cooperative (“Upper Missouri”’). The settlement agreement
`is intended to address all issues in dispute among McKenzie, Basin Electric, and Upper
`Missouri in the Deferral Request Proceedings.> Because the Deferral Request and tentative
`settlement agreement do not implicate issues raised by Tri-State or Wright-Hennepin in the
`Deferral Request Proceedings, Basin Electric respectfully requests that the Commission
`
`reject Protestors’ answers in opposition to the Deferral Request.
`
`98}
`
`Wright-Hennepin Cooperative Electric Association, Answer in Opposition to Request for Deferral of
`Commission Action of Wright-Hennepin Cooperative Electric Association, Docket Nos. ER20-2441-
`000, et al. (filed Oct. 8, 2025) (“Wright-Hennepin Answer”).
`
`(B
`
`McKenzie Electric Cooperative, Inc., et al., Joint Request of McKenzie Electric Cooperative, Inc. and
`Basin Electric Power Cooperative for Deferral of Commission Action to Accommodate Finalization of
`Settlement, Docket Nos. ER20-2441-000, et al. (filed Sept. 29, 2025) (“Deferral Request”). Basin
`Electric notes that while Wright-Hennepin included Docket No. ER25-2862-000 in its case caption, that
`docket was not included in the Deferral Request. Basin Electric further notes that while Tri-State
`included Docket No. EL25-92-000 in its case caption, Basin Electric addresses Tri-State’s answer in
`that proceeding in Docket No. EL25-92-000.
`
`193
`
`Deferral Request at 1.
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 3
`
`I. MOTION FOR LEAVE TO ANSWER
`
`Basin Electric respectfully requests leave to answer the Protestors’ answers. Basin
`Electric recognizes that the Commission’s regulations prohibit answers to specific types of
`pleadings, including answers.® Nevertheless, the Commission will grant a motion for leave
`to answer an answer if it provides information that will assist the Commission in its
`decision-making process, narrows or clarifies important issues, corrects misstatements, or
`ensures an accurate and complete record. Basin Electric’s answer corrects misstatements
`made and clarifies issues raised in the Protestors’ answers,® which will ensure that the
`Commission has a complete record upon which to base its decision. Consequently, good
`cause exists for the Commission to accept Basin Electric’s answer.
`
`II. ANSWER
`
`Contrary to Protestors’ claims,? deferral of the Deferral Request Proceedings for
`the requested ninety days from the date of the Deferral Request will not unduly prejudice
`Protestors. First, the requested ninety-day deferral is tailored to allow McKenzie, Basin
`
`Electric, and Upper Missouri to reach a settlement of the issues in dispute among
`
`=
`
`See 18 C.F.R. § 385.213(a)(2).
`
`See, e.g., PJM Interconnection, L.L.C., 156 FERC Y 63,022, at P 4 (2016) (explaining that “Commission
`precedent interpreting Rule 213 regularly permits answers to an answer when doing so facilitates the
`decision-making process, helps to clarify complex issues, and helps to ensure a full and complete
`record.”); Sound Energy Sols., 107 FERC 9 61,263, at n.37 (2004) (accepting an answer to an answer
`“to help clarify the issues under consideration”); ANR Pipeline Co., 87 FERC 61,175, at 61,688 (1999)
`(accepting an answer to an answer “to achieve a more complete record.”); S. Minn. Mun. Power Agency,
`57 FERC Y 61,136, at 61,494 (1991) (accepting an answer to an answer that “purports to correct factual
`misstatements . . . and to complete the arguments of the parties.”).
`
`[BN]
`
`loo
`
`Basin Electric’s silence with respect to any argument or claim made in Protestors’ Answers should not
`be considered agreement or acquiescence to any unaddressed conclusions or statements.
`
`o
`
`Tri-State Answer at 5, 10-13; Wright-Hennepin Answer at 13.
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 4
`
`McKenzie, Basin Electric, and Upper Missouri.!? Neither Tri-State nor Wright-Hennepin
`addressed the issues raised by McKenzie in the Docket Nos. EL20-68-000, et al.
`proceedings in their post-hearing initial or reply briefs or in their briefs on or opposing
`exceptions to the Initial Decisionl! in those proceedings. By resolving the issues in dispute
`among McKenzie, Basin Electric, and Upper Missouri, the tentative settlement could
`reduce or eliminate the number and the complexity of the issues that remain pending before
`the Commission in the Deferral Request Proceedings. This, in turn, could reduce the
`Commission resources and time necessary to resolve the still-pending proceedings.
`Further, as explained in the Deferral Request, the issues Tri-State and Wright-
`Hennepin have raised and pursued in the above-captioned proceedings,’2 would not be
`addressed or resolved through the tentative settlement. Thus, even if the Commission were
`to grant the requested deferral, Tri-State and Wright-Hennepin would continue to have the
`opportunity for Commission action on the issues that they themselves raised, and such
`
`action would only be delayed by ninety days.
`
`Deferral Request at 1.
`1 Basin Elec. Power Coop., 187 FERC 9 63,021 (2024) (“Initial Decision”).
`
`12 While the Deferral Request does not address Docket No. ER25-2862-000, which Wright-Hennepin
`included in its case caption, Basin Electric notes that the Commission already has acted on the issues in
`dispute in Docket No. ER25-2862-000.
`
`
`
`
`
`
`
`
`Docket Nos. EL20-68-000, et al.
`Page 5
`
`III. CONCLUSION
`
`WHEREFORE, for the foregoing reasons, Basin Electric respectfully requests that
`the Commission grant its motion for leave to answer, accept its answer, and reject the
`
`Protestors’ Answers.
`
`Respectfully submitted,
`
`THOMPSON COBURN LLP
`
`/s/ Jesse Halpern
`
`Jesse Halpern
`Nicole S. Allen
`Rebecca L. Shelton
`Jenna E. Cliatt
`
`1909 K Street, NW
`
`Suite 600
`
`Washington, DC 20006
`Telephone: 202.585.6900
`
`Counsel for Basin Electric Power
`Cooperative
`
`November 6, 2025
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I have served this day copies of the foregoing on the official
`service lists compiled by the Office of the Secretary in accordance with Rule 2010 of the
`Commission Rules of Practice and Procedure.
`
`Dated at Washington, D.C. this 6th day of November, 2025.
`
`/s/ Jesse Halpern
`
`Jesse Halpern
`
`Thompson Coburn LLP
`
`1909 K Street, NW
`
`Suite 600
`
`Washington, DC 20006
`
`Telephone: 202.585.6900
`
`E-Mail: jhalpern@thompsoncoburn.com
`
`Counsel for
`Basin Electric Power Cooperative
`
`
`
`
`
`
`
`
`
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