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New Hampshire Electric Coop Lineworkers Threaten Strike

The union representing New Hampshire Electric Cooperative lineworkers says it is considering a strike after 117 bargaining sessions have failed to result in an agreement in the renegotiation of the lineworkers’ contract.  The dispute involves wage and pension issues, and negotiators are scheduled to meet again Thursday.  Read more here.

Patent Litigation Defense Center for Innovatio Claims

We are pleased to announce the launch of the Patent Litigation Defense Center for Innovatio Claims. Sutherland Asbill & Brennan LLP defends clients against claims brought by the entity Innovatio IP Ventures, LLC, a non-practicing entity that contends it controls the patents on some of the most common means of wireless data transmission in commercial use today, including wireless...

Missouri Coop Sued for Breach of Contract

Atlantic Engineering Group, Inc. (AEG) filed a complaint this week in a Missouri district court against Ralls County Electric Cooperative (RCEC) for breach of a construction agreement related to the Ralls County Electric Fiber-to-the-Home Project.  AEG is suing for the unpaid balance plus interest under the contract.  Read the complaint here.

APSC Dismisses Class Action Complaint against Carroll Electric

The Arkansas Public Service Commission (APSC) has dismissed a class action complaint against Carroll Electric Cooperative Corporation (Carroll Electric) filed on behalf of all Carroll Electric’s members.  The complaint sought declaratory and injunctive relief for a number of what plaintiffs say are violations of Carroll Electric against its own bylaws and against contract law.  These...

Plan to Bury Transmission Lines Met With Opposition from Mid-Atlantic Coops

Old Dominion Electric Cooperative and North Carolina Electric Membership Corporation are among the wholesalers disputing whether they must help pay to bury three Virginia transmission lines as currently proposed by the Virginia Electric and Power Co. in transmission rate agreements with the wholesalers.  The wholesalers argue that burying the lines is a purely local retail decision...

New Mexico Coop Sued for Property Damages Resulting from Fire

Jemez Mountains Electric Cooperative (JMEC) has been sued in New Mexico state court by three landowners as a result of the 2011 Las Conchas Fire.  The fire, which burned over 150,000 acres of land and destroyed 63 homes, was sparked after a fallen tree knocked down a power line owned by JMEC.  The complaint alleges that JMEC was negligent and violated state law by failing to protect...

Coop Affected by Court’s Grant of EPA Request to Stall MACT Lawsuits

A federal appeals court has granted the U.S. Environmental Protection Agency’s (EPA) request to hold pending lawsuits over its utility maximum achievable control technology (MACT) air toxics rule in abeyance until the EPA completes its reconsideration of the rule.  The lawsuits being held in abeyance were filed by developers of new power plants, including Deseret Power Electric...

LCRA Withdraws Request for Temporary Injunction

The Lower Colorado River Authority (LCRA) has withdrawn its request for a temporary injunction that would have prevented Central Texas Electric Cooperative (CTEC) from terminating an exclusive power agreement precluding CTEC’s purchase of power in the open market.  CTEC plans to purchase less expensive power beginning September 13.  The full story can be found here.

Discounting of Capital Credits of Deceased Members Upheld in North Carolina

On August 8, 2012, the North Carolina Business Court held that electric cooperatives may lawfully discount capital credits of deceased members when they are retired early.  The court also held that electric cooperatives do not owe a fiduciary duty to those members with respect to the timing and procedures for retiring capital credits.  Read the full Sutherland Legal Alert.

Two New Patronage Capital Cases Hit Alabama Coops

Click here to read a Sutherland Legal Alert about two class action patronage capital cases that were recently filed in Alabama courts.

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