Kansas Supreme Court Nixes Permit for Coop’s Coal Plant
Posted on Oct 7, 2013 in Climate Change, Environmental, Litigation, Project Development, Regulation & Policy | Comments Off on Kansas Supreme Court Nixes Permit for Coop’s Coal Plant
In a unanimous decision, the Kansas Supreme Court overturned a permit granted to Sunflower Electric Power Corporation in 2010 to build a coal-fired power plant in the southwestern part of the state. The court found that the Kansas Department of Health and the Environment (KDHE) erred in issuing the permit because it did not take into account a series of regulations that were enacted...
Nevada Coop May Power Creech Air Force Base
Posted on Sep 24, 2013 in Litigation | Comments Off on Nevada Coop May Power Creech Air Force Base
NV Energy may be on the verge of giving up its role as the direct source of electricity to Creech Air Force Base, which is located north of Las Vegas. The role would be shared with Nevada coop Valley Electric Association (VEA), which would operate the switches, transformers, and distribution lines to the base in connection with a federal contract it won. NV Energy had filed a...
Alaska Coop Appeals Order to Bury Lines
Posted on Sep 19, 2013 in Grid & Infrastructure, Land Use, Litigation, Project Development, Regulation & Policy | Comments Off on Alaska Coop Appeals Order to Bury Lines
Matanuska Electric Association (MEA) has filed an appeal of the city of Wasilla’s decision to give MEA a permit to build a 115-kilovolt transmission line only if the coop puts the line underground. The city says that it wants to safeguard Wasilla’s scenery and property values, but MEA has said the requirement to bury the lines could quadruple the cost of the project to $40 million....
Suit Over Wildfire Broadened to Include Tree-Trimming Company
Posted on Sep 13, 2013 in Litigation, Reliability | Comments Off on Suit Over Wildfire Broadened to Include Tree-Trimming Company
Bluebonnet Electric Cooperative is seeking redress from a tree-trimming company for damages caused to homes from a 2011 wildfire in the amount of $35 million. This move comes after the coop was sued by individuals who lost their homes to the wildfire. The coop is seeking remedies from the tree-trimming company to protect its ratepayers and to enforce what it claims is the proper...
Court Denies Request to Delay Pollution Control Upgrades
Posted on Sep 12, 2013 in Environmental, Litigation, Regulation & Policy | Comments Off on Court Denies Request to Delay Pollution Control Upgrades
The U.S. Court of Appeals for the Ninth Circuit denied a request by Arizona and four utilities, including Arizona Electric Power Cooperative (AEPCO), to delay Environmental Protection Agency (EPA) regional haze requirements while litigation against the new rules remains pending. AEPCO previously appealed the requirements requesting that it use an Arizona Department of Environmental...
Wind Farm Owner Files Informal Compliant Against Coop
Posted on Aug 30, 2013 in Litigation, Project Development, Renewable Energy | Comments Off on Wind Farm Owner Files Informal Compliant Against Coop
Alaska Environmental Power (AEP) has filed an informal complaint with the Regulatory Commission of Alaska against the Golden Valley Electric Association (GVEA) relating to AEP’s Delta Wind Farm. The complaint alleges that GVEA has not taken sufficient steps to open its transmission system to independent producers of renewable energy. The AEP’s CEO has stated that GVEA has committed...
Litigation Update on 14 Patronage Capital Cases in Eight States
Posted on Aug 28, 2013 in Corporate Governance, Derivative Suits, Litigation, Patronage Capital | Comments Off on Litigation Update on 14 Patronage Capital Cases in Eight States
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. Sutherland has previously issued Legal Alerts regarding these cases—most are in active litigation, some have apparently settled (or are close to settling),...
FERC Sides With Louisiana Coop in NERC Challenge
Posted on Aug 5, 2013 in Litigation, Regulation & Policy | Comments Off on FERC Sides With Louisiana Coop in NERC Challenge
As the Sutherland Coop team reported on July 25, the Federal Energy Regulatory Commission (FERC) sided with South Louisiana Electric Cooperative Association (SLECA) and ordered the North American Electric Reliability Corporation (NERC) to remove the coop from its compliance registry for distribution providers and load-serving entities. SLECA originally came under the compliance...
FERC Grants Coop’s Appeal of NERC Registry Decision
Posted on Jul 25, 2013 in Litigation, Regulation & Policy | Comments Off on FERC Grants Coop’s Appeal of NERC Registry Decision
On July 18, the Federal Energy Regulatory Commission (FERC) issued an order granting the appeal of the South Louisiana Electric Cooperative Association (SLECA) of a registry decision by the North American Electric Reliability Corporation (NERC). This dispute stemmed from NERC’s registration of SLECA as a distribution provider and load-serving entity. SLECA claimed it was...
Appeals Court Upholds Award in Dairy Farmer’s Suit Over Stray Voltage
Posted on Jul 23, 2013 in Grid & Infrastructure, Litigation | Comments Off on Appeals Court Upholds Award in Dairy Farmer’s Suit Over Stray Voltage
An appeals court decided that a Waverly, Minnesota, dairy farmer can be awarded damages from a local coop because of the effects of stray electrical currents from the coop’s transmission lines on his dairy cows. Stray electrical currents, which were conducted through the ground rather than a neutral wire connected through the farm, were found to have killed and stressed a number of...
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