Eversheds Sutherland Coop Law Blog
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Electric Cooperatives Begin Hurricane Helene Recovery Efforts

Recovery efforts have begun in Florida, Georgia and the Carolinas after Hurricane Helene, a Category 4 hurricane, made landfall late Thursday, resulting in power loss for over 1.15 million electric cooperative members. More than 6,400 personnel from electric cooperatives across the United States, including lineworkers, support staff, right-of-way contractors, warehouse staff, safety employees and command center staff, have already joined the mutual aid effort.
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Taylor River Hydropower Project Brings Clean Energy to Gunnison Valley

The Gunnison County Electric Association (GCEA) and Uncompahgre Valley Water Users Association (UVWUA) have completed the Taylor River Hydropower project, a 500-kilowatt hydroelectric facility at Taylor Park Dam. This $3.6 million project will generate enough clean energy to power approximately 500 local homes and businesses. GCEA aims to produce 5% of its energy locally through solar and wind projects, complementing its partnership with Tri-State Generation & Transmission Association, which is targeting 70% renewable energy by 2030.
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ARIZONA POWER COOP PLANS TO ELIMINATE COAL USE

Arizona Electric Power Cooperative (AEPCO) plans to eliminate coal use by 2028, transitioning to natural gas and renewable energy projects funded by $845 million from the U.S. Department of Agriculture. This shift is expected to reduce AEPCO’s greenhouse gas emissions by 70% from 2022 levels and significantly boost renewable power production for rural cooperatives in Arizona.
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NRECA Requests Clarification of NEPA in Seven County Infrastructure Coalition v. Eagle County, Colorado

NRECA filed an amicus brief in Seven County Infrastructure Coalition v. Eagle County, Colorado, asking the Supreme Court to clarify that an agency’s ability to analyze environmental impacts under NEPA is restricted to the agency’s actual jurisdiction; NRECA argues that this clarification will help relieve the costly permitting and litigation related delays on cooperative system improvements imposed by NEPA.
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Biden Administration Announces $7.3 Billion Clean Energy Investment for Rural Communities

President Joe Biden and U.S. Department of Agriculture Secretary Tom Vilsack announced over $7.3 billion in financing for rural electric cooperatives to support clean energy projects through the Empowering Rural America (New ERA) program, a component of the Inflation Reduction Act. The first round of selected projects (sixteen (16) projects in total) will reduce greenhouse gases by 43.7 million tons annually and will create thousands of jobs while delivering cleaner, more affordable energy to rural communities. Dairyland Power Cooperative, the first finalized award recipient, will leverage...
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Texas Cooperative’s “Virtual Power Plant” Qualifies for ERCOT Wholesale Power Market Participation

Bandera Electric Cooperative, in collaboration with the Lower Colorado River Authority, recently announced the qualification of its Aggregated Distributed Energy Resource (ADER) program, known as a Virtual Power Plant, in the Electric Reliability Council of Texas (ERCOT) wholesale power market. The ADER uses an advanced platform capable of managing multiple aggregations of third-party devices, including thermostats, solar systems, energy storage batteries, generators, and other devices that consume or produce electricity behind the meter, offering a significant demand-side solution at scale...
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FERC Rejects Basin Electric’s Proposal for Special Crypto Mining Rate Schedules

The Federal Energy Regulatory Commission (FERC) rejected Basin Electric Power Cooperative’s proposal to create separate rate schedules for cryptocurrency operations, stating Basin failed to show that these operations posed more risk than other large energy loads. Basin argued that crypto mining could lead to stranded assets due to its transient nature, but FERC found insufficient evidence to support this claim. While acknowledging Basin’s concerns about load growth, FERC rejected the proposal without prejudice, allowing Basin to address these concerns in future filings.
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EVLO installs its first U.S. utility-scale BESS in Vermont

EVLO Energy Storage has launched its first U.S. utility-scale battery energy storage system in Troy, Vermont, designed to store and manage energy for peak demand times. This project, which includes 16 EVLO 1000 units, will provide data to the U.S. Department of Energy and Sandia National Laboratories to demonstrate how battery storage can enable the expansion of renewable energy production, while further integrating renewables into the New England grid.
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Arkansas Electric Cooperative Corporation to Build 900-Megawatt Natural Gas Plant in Texas

Arkansas Electric Cooperative Corporation (AECC) plans to build a 900-megawatt natural gas generation facility in Morris County, Texas, beginning construction in 2026 and aiming for commercial operation by 2029. The facility will enhance reliability within the Southwest Power Pool regional transmission organization, providing efficient, low-emission energy to AECC’s 17 distribution cooperatives. The location was chosen for its proximity to natural gas pipelines and transmission infrastructure, ensuring reliable and affordable power for approximately 600,000 members across multiple...
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San Miguel Electric Cooperative Announces First of its Kind in Texas Clean-Energy Geothermal Battery

San Miguel Electric Cooperative announced a deal with Sage Geosystems to build a geothermal pressure pilot storage system on a coal facility land.
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Pennsylvania Electric Cooperative Receives $2.1 Million Grant for Technology Upgrades

The Pennsylvania Department of Environmental Protection recently awarded the Claverack Rural Electric Cooperative a more than $2.1 million grant through the Pennsylvania Grid Resilience Grants (PA GRG) Program. The grant will be used for infrastructure and reliability upgrades.
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NRECA Challenges EPA’s New Coal Ash Rule

The National Rural Electric Cooperative Association (NRECA) has filed a lawsuit with other utility groups challenging the EPA’s new rule on coal ash impoundments, arguing it imposes undue costs and could harm grid reliability. The rule, which expands regulations to include inactive sites and other previously unregulated areas, is criticized for being overly broad and potentially affecting already compliant facilities. NRECA contends that the EPA has exceeded its authority and that the rule’s definitions will lead to higher compliance costs and operational disruptions.
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Columbia Power Cooperative Keeps Power Flowing Despite Wildfires

Columbia Power Cooperative, the Oregan distribution cooperative, was able to maintain service and keep the lights on despite six wildfires in its eastern Oregon territory thanks to selfless efforts by members, firefighters, and co-op staff.
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Oglethorpe Power Announces New Generation Projects to Support Georgia’s Rising Electricity Demands

Oglethorpe Power has approved the construction of two natural gas projects in Georgia: a state-of-the-art combined-cycle plant in Monroe County and a highly efficient combustion turbine unit in Talbot County. These two projects will help meet the growing energy demands of the electric cooperatives that Oglethorpe serves while prioritizing affordable and sustainable energy.
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