Eversheds Sutherland Coop Law Blog
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New Law Helps Coops Respond to Emergencies

President Obama has signed into law bipartisan transportation legislation that helps electric cooperatives respond during emergencies.  The law provides liability protection to electric utility operators from violations of federal, state or local environmental laws for a specified period while complying with a Department of Energy emergency order.

Congress Votes against EPA Clean Power Plan

The House and Senate each approved resolutions of disapproval regarding the EPA Clean Power Plan.  The President is expected to veto the resolutions.  The Clean Power Plan becomes law December 22, 2015.

Regulators Give Kentucky G&T Go-Ahead to Purchase Power Plant

Kentucky regulators have decided that East Kentucky Power Cooperative, Inc. can purchase a gas-fired plant located in La Grange, Kentucky.  The plant includes three natural gas combustion turbines, each with a maximum output of 198 MWs.  The units are simple-cycle, meaning that there is no conversion of waste heat into steam to drive a secondary electric generator.

Solar Energy to be Added in Virginia

Old Dominion Electric Cooperative (Old Dominion) has signed a deal that will bring 30 MW of solar energy to its member coops in three states.  Old Dominion will buy the output from two projects in Virginia being developed by Hecate Energy of Nashville, Tennessee.

U.S. Senate Passes Resolutions to Repeal Clean Power Plan

The United States Senate has approved two resolutions that express formal congressional disapproval of two rules promulgated by the Environmental Protection Agency limiting carbon emissions from new and existing power plants, including the controversial Clean Power Plan.  The White House has threatened to veto the resolutions in recent policy statements.

Basin Asks D.C. Circuit to Stay Clean Power Plan

Basin Electric Power Cooperative (Basin) is among the electric industry participants asking the United States Circuit Court for the District of Columbia (D.C. Circuit) to stay the implementation of the Clean Power Plan (CPP), arguing that preparing to comply with the CPP’s requirements while legal challenges are still pending would cause a significant waste of resources in the event...

Arizona Corporation Commission Takes Incinerator Fight to State Supreme Court

A dispute between the Sierra Club and the Arizona Corporation Commission has reached the Supreme Court of Arizona.  The dispute hinges on state utility regulators’ decision to allow a utility to generate electricity from burning garbage and call it a “renewable resource.” That utility—Mohave Electric Cooperative—had put forward a proposal to meet part of its renewable energy mandate...

Alaskan Cooperative Considers New Hydroelectric Plant

Inside Passage Electrical Cooperative, located in Southeast Alaska, is looking into developing a new hydroelectric power plant in the village of Kake, Alaska. The project could cut the city’s diesel consumption in half.

Coops Challenge Clean Power Plan

NRECA and dozens of electric cooperatives have filed suit challenging the EPA’s Clean Power Plan (Plan).  The Plan was published in the Federal Register and, therefore, became open to legal challenge on October 23 and is set to take effect on December 23.

Settlement Reached Capping Utah Plant’s Coal Consumption

The Environmental Protection Agency, Deseret Power Electric Cooperative and the Sierra Club and WildEarth Guardians reached a settlement regarding the 500-megawatt Bonanza Power Plant in northeast Utah.  The settlement calls for new pollution controls to be installed while being subjecting the plant to an eventual lifetime limit on the plant’s coal consumption.  Deseret has...

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