Eversheds Sutherland Coop Law Blog
content top

NRECA and Coops Challenge FERC’s Self-Supply Order

The National Rural Electric Cooperative Association, along with several coops, munis, industrial customers and the American Public Power Association, has requested a rehearing of the Federal Energy Regulatory Commission’s controversial November 17th order on the issue of self-supply.  The order questions whether load-serving entities such as electric coops can self-supply the power...

Complaint Against Coop Filed With State Regulatory Commission

Carroll Electric Cooperative Corporation continues to face backlash for its bylaws, transparency and board member balloting procedures. The latest development in a series of lawsuits against Carroll Electric involves a complaint filed with the Arkansas Public Service Commission against a recent bylaw change. The amendment would include an arbitration clause that forbids coop members...

Power Companies Fight Rate Increase From Coal Premium

Arkansas Electric Cooperative Corp. is one of several power companies and related organizations contesting BNSF Railway Company’s cost allocation methodology, which increases rates of coal transporters in order to pay an investor premium. Opponents claim the $8.1 billion premium should not be included in the valuation of BNSF’s assets and, thus, should not factor into rates. Click here...

North Dakota Scrubber Technology Prevails

North Dakota’s preferred emission reduction technology, which is used to scrub power plant boilers, withstood an Environmental Protection Agency (EPA) challenge that a technology that can be adopted across the country should be used. The U.S. District Court found that North Dakota’s choice in selective noncatalytic reduction technology, as opposed to the EPA’s preferred selective...

Pacific Northwest Coops Ordered to Rebalance Use of Hydropower and Wind Energy

The Federal Energy Regulatory Commission ruled that the Bonneville Power Administration discriminated against wind interests by cutting back on wind production at times of high hydroelectric generation.  FERC gave the BPA 90 days to come up with a new program.  BPA announced an “environmental redispatch” policy last May in an effort to balance supply and demand and comply with salmon...

Landowners File Class Action Complaint Against Coop

Several Missouri landowners have filed a class action complaint against Sho-Me Power Electric Cooperative, Sho-Me Technologies, Kamo Electric Cooperative and K-PowerNet..  The plaintiffs claim that the coops and other defendants installed or used more than 2,000 miles of fiber-optic cable throughout the state on plaintiffs’ land that is subject to a limited electric-utility easement. ...

Countersuit Against New Mexico Coop Moves Forward

A scheduling plan for a countersuit against Socorro Electric Cooperative has been drafted, and District Court Judge Albert J. Mitchell Jr. has granted a 30-day stay on the coop’s motion to delay paying attorneys’ fees.  Judge Mitchell said he wanted to speed up the countersuit, which has been pending since the judge ruled against Socorro Electric in the original case in May.  The...

Coop to Receive $63 Million in Reparations from Railway

Arizona Electric Power Cooperative won an estimated $63 million in rate reductions and reparations Tuesday after the US Surface Transportation Board found that BNSF Railway and Union Pacific overcharged the coop for coal shipments.  The ruling by the STB, which is the regulatory agency charged with resolving freight railroad disputes, is a rare victory for coops who have watched coal...

Sierra Club and Wisconsin Coop in Settlement Talks

The Sierra Club announced that it is in the process of negotiating a settlement with Dairyland Power Cooperative.  The environmental group sued the coop last year, alleging that the coop failed to install the required pollution controls on its two coal-fired plants in Alma when it made upgrades to the plants from 1993-2009.  To read more about the lawsuit and potential settlement...

Legal Challenge of Clean Water Act Permit for Arkansas Coal Plant Moves Forward

On November 16, a federal judge ruled that several environmental organizations had standing to challenge the issuance of a Clean Water Act permit to the John W. Turk Power Plant under construction in southwestern Arkansas.  The judge also ruled that even though construction of the coal plant is nearly complete, the environmentalist’s challenge is not moot.  This is the most recent...

« Older Entries Next Entries »