Eversheds Sutherland Coop Law Blog
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Government Announces New Funding for Rural Coops

In a recent announcement, John Padalino, USDA Rural Utilities Acting Administrator, stated that rural electric cooperatives and utilities in 12 states will receive loan guarantees to improve generation and transmission facilities and implement smart grid technologies.  The statement was made during the annual meeting of the National Rural Electric Cooperative Association on behalf of...

New Regulation Under Cybersecurity Executive Order

President Obama has issued an Executive Order to address the growing cyber threat to the Nation’s “critical infrastructure.”  The energy industry should pay attention, both for regulatory compliance purposes and also as a matter of sound business practice, in the face of the increasing security threat posed by cyber attacks.  Read the full Sutherland Legal Alert.

Proposed Texas Bill Would Give Customers Grounds to Sue

In addition to creating a cause of action against utilities for theft and improper use of data, a proposed Texas bill, H.B. 1171, also provides customers with the right to opt out of smart meter programs and the right to have previously installed meters removed.  This bill differs from a prior Senate bill in that H.B. 1171 provides customers with this cause of action but does not...

Departing Pedernales CEO Offers Explanation for Resignation

Although the Pedernales Electric Cooperative board voted to table a consumer choice resolution pending further research and analysis, the coop’s CEO, R.B. Sloan cited the proposal as one reason for his resignation.  In announcing his resignation to the board, Sloan reiterated that adopting consumer choice would be a damaging move for the coop.  The Austin American-Statesman has the...

NRECA Asks FERC to Clarify Revised Bulk Electric System Rule

The National Rural Electric Cooperative Association (NRECA) has asked the Federal Energy Regulatory Commission (FERC) for a clarification of its final rule on a revised definition of Bulk Electric System.  Issued in late December 2012, the final rule approved most elements of the revised definition by the North American Electric Reliability Corporation, but FERC also ordered some...

Coop CFO Provides Insight on Capital Credits Strategy

In a recent interview, Frank Skube, the chief financial officer of Texas-based Pedernales Electric Cooperative (PEC), discussed the challenges surrounding a revamp of the coop’s capital credits policy.  PEC completed its capital credit retirement and distribution in December 2011, issuing nearly 217,000 bill credits to current members and 72,000 checks to former members.  To read the...

South Carolina Town Receives Land Donation

The town of Bluffton, South Carolina, is offering seven acres of land in its May River Technology Park to attract more private businesses.  However, Bluffton did not have to tap into tax revenues to buy this land.  It was donated by Palmetto Electric Cooperative and Hargray Communications.  In return, these entities will be allowed to forgo state license fees.  Bluffton also is...

Arizona Appealing EPA Decision Requiring Upgrades to Coal Plants

The Arizona Attorney General is seeking an appellate court review of an  Environmental Protection Agency (EPA) decision requiring pollution control upgrades at three coal plants.  One of the coal plants in question, the Apache Power Plant, is owned by the Arizona Electric Power Cooperative.  The Arizona Daily Star is following this story.

Coop Considers Closing Coal Plant Citing Regulations and Other Costs

Central Electric Power Cooperative of Jefferson City, Missouri, is considering closing its Chamois power plant because of regulations and other costs.  The coop held a meeting on Thursday to discuss whether it should make $17 million in improvements to comply with Environmental Protection Agency regulations for air quality and to build a new railroad siding to bring coal to the plant. ...

Members and Other Customers Intervene in Big Rivers’ Request for a Rate Increase

To make up for the loss of its biggest customer, Century Aluminum in Hawesville, Kentucky, Big Rivers Electric Corporation has requested a rate increase in a filing with the Kentucky Public Service Commission.  Some of the coop’s distribution members and industrial customers have filed as interveners seeking to have more input into the process.  The Owensboro Messenger-Inquirer has the...

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