Federal Judge Removes Montana Coop’s Bankruptcy Trustee
Posted on Dec 2, 2013 in Financing, Litigation | Comments Off on Federal Judge Removes Montana Coop’s Bankruptcy Trustee
In November, a U.S. Bankruptcy Judge ruled to remove the trustee overseeing the bankruptcy proceedings of Southern Montana Electric Generation and Transmission Cooperative (Southern Montana). The judge noted that because Southern Montana’s members are now in agreement to liquidate the cooperative’s plant and assets and the bankruptcy trustee has failed to obtain confirmation of his...
Native American Reservation Reaches Settlement with New Mexico Coop
Posted on Nov 12, 2013 in Grid & Infrastructure, Land Use, Legislative & Politics, Litigation, Rates, Regulation & Policy | Comments Off on Native American Reservation Reaches Settlement with New Mexico Coop
Northern Rio Arriba Electric Coop (NORA) has reached a deal with the Jicarilla Apache Nation for the Nation to purchase all of NORA’s infrastructure on the Northern New Mexico reservation. This settlement effectively ends two years of litigious hostilities between the utility and the Nation, whose lawyers said Nation officials are displeased with NORA’s service and are ready to end a...
Alaska Power Regulators Deny Wind Farm Complaint Against Coop
Posted on Nov 12, 2013 in Litigation, Regulation & Policy, Renewable Energy | Comments Off on Alaska Power Regulators Deny Wind Farm Complaint Against Coop
The Regulatory Commission of Alaska (RCA) has rejected an informal complaint filed by Alaska Environmental Power LLC (AEP), an independent wind farm, against electric utility Golden Valley Electric Association (GVEA). AEP is unhappy with how GVEA determines when to purchase power from independent producers. In the complaint, AEP argues that the GVEA’s methods shut out independent...
U.S. Forest Service Seeking $38 Million Reimbursement from Coop for Wildfire
Posted on Nov 8, 2013 in Grid & Infrastructure, Land Use, Litigation | Comments Off on U.S. Forest Service Seeking $38 Million Reimbursement from Coop for Wildfire
The U.S. Forest Service has sent a $38 million bill to Jemez Mountains Electric Cooperative in connection with the agency’s firefighting and remediation efforts involving the 2011 Las Conchas Fire. This move comes even as the Forest Service has been named in a related lawsuit for its role in vegetation management along the power lines where the fire began. The Santa Fe New Mexican is...
New Mexico Coops Face Additional Claims in Wildfire Suit
Posted on Nov 5, 2013 in Litigation, Permitting, Reliability | Comments Off on New Mexico Coops Face Additional Claims in Wildfire Suit
As last reported by the Sutherland Coop Team on September 19, 2012, Jemez Mountains Electric Cooperative (JMEC) and Tri-State Generation and Transmission Association are among the entities facing claims that a 2011 wildfire caused millions of dollars in damages. Claimants argue that the fire started because a power line was downed by a tree that JMEC should have cleared. To learn...
Kentucky Coop Faces Breach of Contract Complaint
Posted on Oct 31, 2013 in Financing, Litigation, Project Development | Comments Off on Kentucky Coop Faces Breach of Contract Complaint
Nolin Rural Electric Cooperative and Trico/Tiger Development LLC (Trico/Tiger) face a complaint removed to federal court that alleges the two entities deprived a joint venture of profits stemming from a shale development project in Fort Knox, Kentucky. The joint venture, ITC Renewable, LLC, had been created by Trico/Tiger, ITI Group Corporation and Consolidated Energy Services Global,...
Webinar: Patronage Capital Litigation
Posted on Oct 29, 2013 in Corporate Governance, Derivative Suits, Financing, Litigation, Patronage Capital, Regulation & Policy, Tax, Webinar | Comments Off on Webinar: Patronage Capital Litigation
Since 2009, at least 14 cases have been filed against electric cooperatives over patronage capital (or capital credits) in eight states: Alabama, Arkansas, Georgia, Missouri, New Mexico, North Carolina, South Carolina, and Texas. To help coops understand the surge in this type of litigation, Sutherland will present a live Webinar, “Patronage Capital Litigation,” for...
EPA Emission Standards Face Supreme Court Review
Posted on Oct 18, 2013 in Environmental, Litigation, Regulation & Policy | Comments Off on EPA Emission Standards Face Supreme Court Review
The U.S. Supreme Court has agreed to hear a case against the Environmental Protection Agency (EPA) arguing that the EPA has overreached its authority under the Clean Air Act by regulating greenhouse gas emissions from fossil-based power generation facilities. Oral arguments for the case (Utility Air Regulatory Group v. EPA) are expected in February or March 2014. Click here for more...
BPA Penalties May Trickle Down to Customers
Posted on Oct 15, 2013 in Litigation, Regulation & Policy | Comments Off on BPA Penalties May Trickle Down to Customers
The electric coops, municipal systems and public utility districts that are customers of the Bonneville Power Administration (BPA) in the Pacific Northwest may be stuck paying for an investigation of the agency’s flawed hiring practices, according to an October 8 report of the Department of Energy’s inspector general. Because the BPA is a self-funded, non-profit federal agency, its...
Georgia Coop Settles Class Action Over Patronage Capital for $98 Million
Posted on Oct 11, 2013 in Corporate Governance, Derivative Suits, Litigation, Mergers/Acquisitions, Patronage Capital, Regulation & Policy | Comments Off on Georgia Coop Settles Class Action Over Patronage Capital for $98 Million
After nearly four years of litigating a class action over patronage capital, Cobb EMC has agreed to pay a $98 million settlement to nearly one million of its current and former members. The plaintiffs are to receive their portion of patronage capital (or “capital credits”) they were allegedly owed but never paid. The Marietta Daily Journal has more.
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