05/04/2026
After several years working alongside Tribal Nations on energy infrastructure, one pattern keeps repeating at our firm:
The decisions that most constrain a community's long-term options are the ones that don't feel consequential at the time they're made.
An energy project signed under a Power Purchase Agreement with the incumbent utility looks great in year one. In year 26, when the PPA expires, the real question surfaces: will the utility's incentive be to renegotiate favorably, or to capture more value from the community than it does today? Without governance authority, the Tribe negotiates from participation, not control.
That's the structural argument for a Tribal Utility Authority, and it's the subject of our latest piece at Sun Bear Industries.
We break down what a TUA can do that a Tribal Energy Enterprise structurally cannot: rate-setting, jurisdictional shielding from state PUCs, access to public-power-only federal programs, tax-exempt bond issuance, and load-serving entity status. We also cover why the hybrid model (TUA governs, enterprise executes) is usually where this lands.
Of the 574 federally recognized Tribal Nations, fewer than 20 currently operate their own electric utility. The other 95% buy power from utilities they hold no regulatory authority over.
Read the full piece here:
A Sun Bear Industries perspective on infrastructure, governance, and long-term economic positioning for Tribal Nations.